High CourtsDivision Bench(1892) 02 MAD CK 0024

Bairagulu and Another vs Bapanna

Madras High Court · Decided on 3 February 1892 · Citation: (1892) ILR (Mad) 302

HON’BLE JUDGES
Subramanya Ayyar, J · Shephard, J

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Judgment

7 paragraphs · 146 words
1.

The suit has been dismissed on the ground that the matter in question, viz., the satisfaction of the decree, is a matter which should be dealt with

by the Court in execution of the decree, and not by a separate suit.

2.

It is clear that it is of this nature.

3.

The effect of Section 258 of the CPC is only to exclude proof of an uncertified agreement in execution proceedings. It does not limit the

operation of Section 244. The case of Viraraghava v. Subbakka ILR 5 Mad. 397 is cited by the appellants'' pleader. This case shows that an

action for the breach of the contract to certify adjustment of the decree may be brought; but it is not authority for the position that a suit to declare

that a decree has been satisfied will lie. The appeal is dismissed with costs.