High CourtsDivision Bench(1901) 04 MAD CK 0006

Krishnan Nayar vs Ittinan Nayar

Madras High Court · Decided on 16 April 1901 · Citation: (1901) ILR (Mad) 637

HON’BLE JUDGES
Shephard, J · Davies, J

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Judgment

4 paragraphs · 86 words
1.

It is impossible to support the order. Either the order was wholly illegal for want of jurisdiction in the Court, or, if the security was legally taken,

the obligation was discharged by the death of the judgment-debtor. In our opinion the Courts had no jurisdiction to enforce the obligation as a

decree, and therefore, treating the appeal as a petition u/s 622 of the Coda of Civil Procedure, we set aside the orders of the Courts below. The

respondent must pay the petitioner''s cost throughout.