AI Structured Summary
Not yet generated for this judgment
Judgment
The appellant was restrained by a decree from taking wat6r which the respondents carry through a thodu. He has now put up a dam and carried
the water to his fields against the terms of the decree with the result that the 1st respondent has sustained damages estimated at about Rs. 300 by
the lower Court. u/s 260 of the Civil Procedure Code, the appellant''s property has been ordered to be placed under attachment for the
satisfaction of this amount. It is conceded that if Section 260 applies, this appeal fails, but it is contended that the section does not apply, as the
second Clause shows that it contemplates only cases where the judgment-debtor may carry out the terms of the decree within the period of one
year the property is to remain under attachment before it is sold, and does not, therefore, apply to this and similar cases where the judgment-
debtor is restrained from doing an act, and he has already violated the terms of the decree.
We are unable to agree with this contention. In the present case he continues to violate the terms of the decree. The terms of the first Clause of
this section clearly refer to cases where a party is restrained from doing an act, and the operation of that Clause is not limited to the cases
contemplated by the second clause.
That the matter is one arising in the execution of a decree there can be no doubt That the section refers to cases where a party is directed to
carry out something is conceded. No reason is suggested why those cases when a party is directed to abstain from, doing an act should be placed
on a different footing and. the words of the Clause are wide enough to include such cases, and we, therefore, hold that Section 260 applies to the
present case. The same view was taken in Venkatachellam Chetty v. Veerappa Pillai 29 M. 314, The question whether the plaintiff is an assignee
has already been decided by this Court.
The objection that the representatives of a deceased decree-holder are not parties; was not raised in the Court of first instance. The appeal is
dismissed with costs