High Courts(1939) 07 MAD CK 0009

In Re: Balusu Subbaraidu and Others

Madras High Court · Decided on 21 July 1939 · Citation: (1939) 50 LW 537 : (1939) 2 MLJ 609

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Judgment

4 paragraphs · 72 words
1.

This being an order on an application u/s 19 of Madras Act IV of 1938, made while no proceedings in execution were pending, is not

appealable. It cannot be considered to be a question u/s 47, Civil Procedure Code, in the absence of any execution proceedings.

2.

Moreover on the merits we think the learned Sub-Judge''s decision was correct. This appeal is dismissed under Order 41, Rule 11, Civil

Procedure Code.