High Courts(1903) 07 MAD CK 0005

Krishnamurthi Aiyar vs Narayanasawmy Aiyar

Madras High Court · Decided on 31 July 1903 · Citation: (1904) 14 MLJ 295

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Judgment

7 paragraphs · 113 words
1.

It is obvious that the petitioner alleges that the acts complained of were improperly done by the counter-petitioner and the claim in execution of

the decree by attachment of moveable properties in supposed pursuance of an order of the court.

2.

We are clear that these allegations raise questions relating to the execution of the decree and are to be enquired in to u/s 244 of the CPC and

not by separate suit;

3.

We therefore allow the appeal, set aside the order of the Subordinate Judge and direct that he do take the petition on his file and dispose of it

according to law.

4.

The costs will abide the event.