SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1978 Supreme(Mad) 15

SURYAMURTHY
N. Shantilal – Appellant
Versus
A. Sankarasubha Mudaliar – Respondent


Advocates:
K. Shanmugham, for Petitioner; P.S. Parmeswaran, for Respondent.

Judgement

ORDER :- This is a civil revision petition against the order of the learned X Assistant Judge, City Civil Court, Madras allowing an application by the judgement debtor for permission to pay the decree amount in monthly instalments of Rs. 200. The order of the learned Assistant Judge is without jurisdiction. The decree-holder has filed a suit on a mortgage and has obtained a preliminary decree. The preliminary decree has been passed on 22-12-1973 under O.34, R.4 C.P.C. As it is not a simple money decree, the provisions of O.20, R.11, C.P.C. as amended by this court, are not applicable to the instant case. They do not supersede the provisions of O.34, R.4 C.P.C. Therefore, the order of the learned Assistant Judge, City Civil Court, Madras, is not in accordance with law. That order is, therefore, set aside and the petition of the judgement debtor in C.M.P. 1683 of 1974 on the file of the X Assistant Judge, City Civil Court, Madras is dismissed. The civil revision petition is consequently allowed. There will be no order as to costs.

Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top