High CourtsDivision Bench(1909) 09 MAD CK 0002

Chillaloor Yerra Musala Reddi vs Pathangi Ramaiya and Others

Madras High Court · Decided on 14 September 1909 · Citation: 5 Ind. Cas. 1010

HON’BLE JUDGES
Munro, J · Abdur Rahim, J

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Judgment

10 paragraphs · 243 words
1.

In this case the decree was transferred to the appellant on the 21st February 1908 and on the 24th February 1908, the appellant applied for

execution in the District Court. On the 14th March 1908, the decree was attached by the District Munsif under the second paragraph of Section

273, Civil Procedure Code, Act XIV of 1882, and a notice of attachment was sent to the District Court requesting that Court to abstain from

executing the decree until the notice was cancelled by the District Munsif. On the 27th March 1908, the execution application came on for orders

and was rejected on the ground that the decree could not be executed owing to the attachment thereof by the District Munsif. We think this order

was right. The terms of the second paragraph of Section 273, Civil Procedure Code, Act XIV of 1882, are imperative, and the District Court had

no alternative, but to stay execution and refuse to grant the appellant''s application. We have been referred to the judgment in appeal against Order

No. 222 of 1907. In that case no question under the second paragraph of Section 273, Civil Procedure Code, Act XIV of 1882, was raised in the

argument, nor, so far as we have been able to ascertain from the papers, could any such question have been raised. The appellant''s remedy was to

prefer a claim in the District Munsif''s Court. This appeal fails and is dismissed with costs.