High CourtsSingle Bench(1910) 01 MAD CK 0042

Palanippa Chettiar by Agent, Veerararaghava Iyengar vs Velayuta Pillai and Others

Madras High Court · Decided on 20 January 1910 · Citation: 5 Ind. Cas. 421

HON’BLE JUDGES
Abdur Rahim, J

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Judgment

2 paragraphs · 174 words

Abdur Rahim, J.—The question raised is whether the Court has power to say, at the time of passing a decree, that its execution shall be postponed for a year. The case arose during the operation of the old CPC which by Section 210 only enables the Court to order payment of the decretal amount by instalments. But the new Code by Order XX, Rule 11, expressly confers on the Court such power as has been exercised by the District Munsif in this case. That indicates that the power in question cannot be said to be unreasonable or in violation of any principles of justice. It has been ruled that the CPC of 1882 did not take away such powers as are inherent in a Court to do justice between the parties. I am inclined to hold that the District Munsif in postponing execution of the decree for a year in the circumstances of this case did not exceed his powers.

2.

The petition is dismissed but without costs as the respondents did not appear.