High CourtsDivision Bench(1942) 08 MAD CK 0040

K. Nataraja Gramani vs Sivakolundu Gnamani

Madras High Court · Decided on 27 August 1942 · Citation: AIR 1943 Mad 245 : (1942) 55 LW 844 : (1942) 2 MLJ 735

HON’BLE JUDGES
Wadsworth, J

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 153 words

Wadsworth, J.—The appeal to the District Judge against the order of the Subordinate Judge was incompetent and the appellate order has to

be set aside. I am asked in revision to rectify what appears to be an erroneous decision on the limitation question by the trial Court. While I am of

opinion that the procedure of the executing Court in granting an ad interim stay followed by an absolute order is not contemplated by Section 20 of

Act IV of 1938 and that when once a stay has been granted limitation for an application u/s 19 will begin to run, I am not prepared to hold that the

decision of the learned Subordinate Judge was without jurisdiction because it proceeds on a different view of the limitation question. In the result

the revision petition is allowed with costs here and in the District Court and the order of the Subordinate Judge is restored.