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

1965 Supreme(Mad) 93

M.ANANTANARAYANAN, M.NATESAN
Padmavathi Ammal – Appellant
Versus
M. Maruthachalam Pillai – Respondent


Advocates:
V. Thiagarajan, M.A. Rajagopalan and M. G. Mathew, for Appellant.
K. Hariharan, P. Raghaviah and A.K. Shreeraman, for Respondents.

Natesan, J.-

This appeal is against the Judgment of the learned Subordinate Judge of Ootacamund, dismissing the plaintiff’s suit, wherein was claimed inter alia relief of declaration of plaintiff’s title to the suit properties, and possession and mesne profits. The appeal raises the interesting question as to when an attachment of immovable property could be said to have been made to make void a private alienation of the property under section 64 of the Civil Procedure Code, and whether all the requirements of Order 21, rule 54 of the Civil Procedure Code, as amended in this State have to be complied with for the attachment to have the effect of invalidating private sales. The question does not present much difficulty, and, as we see it, is covered by a catena of decisions of this Court and other Courts all requiring punctilious adherence to the requirements of Order 21, rule 54 of the Civil Procedure Code. As learned Counsel appearing for the contesting respondent sought to distinguish particularly the decisions of this Court and draw a line of distinction as to mandatory and directory provisions in procedure, we shall examine the question a little more in extenso than will be str
































































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