High Courts(1868) 08 CAL CK 0013

Kaim Ali Jawardar vs Lakhikant Chuckerbutty

Calcutta High Court · Decided on 6 August 1868

CASE NUMBER
Miscellaneous Appeal No. 618 of 1867

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Judgment

1 paragraphs · 94 words

Sir Barnes Peacock, Kt., C.J.—The ease is almost too clear for argument. We entirely agree with the view which was expressed by Mr. Justice Jackson, when the case was referred for the opinion of a Full Bench, viz., that the purchaser of the rights and interests of the decree-holder was entitled to execute the decree purchased, in like manner and to the same extent as the original decree-holder might have done, and not otherwise or further; and, consequently, that the purchaser took it subject to the rights of the judgment-debtor to set-off his cross-decree.