High CourtsDivision Bench(1885) 01 AHC CK 0005

Ramlal vs Radhey Lal and Another

Allahabad High Court · Decided on 7 January 1885 · Citation: (1885) ILR (All) 330

HON’BLE JUDGES
Duthoit, J · Brodhurst, J
RESULT
Dismissed

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Judgment

2 paragraphs · 80 words

Duthoit, J.—The order of the Lower Appellate Court cannot be maintained. The powers which the foreign Court has, under 8 228 of the Code of Civil Procedure, are confined to the execution of the decree. It cannot question the propriety or correctness of the order directing execution, nor can it (Section 239 of the Code) stay execute in except temporarily.

2.

We reverse the order of the Lower Appellate Court and restore the order of the Court of First Instance.