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Judgment
5 paragraphs · 125 words
1.
The decree of the Subordinate Judge is clearly wrong, The Judgment-debtor gets no option under a decree for the return of moveable property.
The money amount inserted in the decree is inserted u/s 208 of the CPC which requires that an amount of money should be inserted in the decree
as an alternative if delivery cannot be had. It is therefore only when after putting in force Section 259 of the C.P.C. it is found that it is impossible
to obtain the property ordered to be delivered that the alternative amount in the decree comes into operation.
2.
We set aside the decree of the Subordinate Judge and restore that of the District Munsif with costs in this and in the lower appellate Court.