High CourtsSingle Bench(1915) 07 MAD CK 0015

Krishnaswami Aiyar vs T.A. Rangaswami Nayadu

Madras High Court · Decided on 19 July 1915 · Citation: AIR 1916 Mad 1078 : 30 Ind. Cas. 517

HON’BLE JUDGES
Srinivasa Aiyangar, J

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Judgment

5 paragraphs · 107 words

Srinivasa Aiyangar, J.—The lower Court does not find that there was service of the previous notice calling upon the surety to show cause

why his security amount should not he utilised for payment to the judgment-creditor. Without a finding that the conditions of the bond had not been

complied with and without a finding that the service was proper, the lower Court was not entitled to pay the surety''s money to the judgment-

creditor. I reverse the order of the lower Court and remand the petition for inquiry according to law in the light of the above observations. Costs

will be provided for in the revised order.