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IN THE HIGH COURT OF MADRAS
Manavikraman
Versus
Moyankutti
Decided On : 02.09.1903
Decree - Return of Moveable Property - Interpretation of Section 208 of the Civil Procedure Code
Fact of the Case:
The Subordinate Judge's decree was deemed incorrect as it allowed the judgment-debtor an option under a decree for the return of moveable property, contrary to Section 208 of the Civil Procedure Code.
Finding of the Court:
The Court set aside the Subordinate Judge's decree and restored that of the District Munsif, with costs in this and in the lower appellate Court.
Issues: Interpretation of Section 208 of the Civil Procedure Code
Ratio Decidendi: The money amount inserted in the decree under Section 208 of the Civil Procedure Code is only applicable when it is impossible to obtain the property ordered to be delivered.
Final Decision: The decree of the Subordinate Judge was set aside and that of the District Munsif was restored.
1. The decree of the Subordinate Judge is clearly wrong, The Judgment-debtor gets no option under a decree for the return of moveable property. The money amount inserted in the decree is inserted under Section 208 of the Civil Procedure Code which requires that an amount of money should be inserted in the decree as an alternative if delivery cannot be had. It is therefore only when after putting in force Section 259 of the C.P.C. it is found that it is impossible to obtain the property ordered to be delivered that the alternative amount in the decree comes into operation.
2. We set aside the decree of the Subordinate Judge and restore that of the District Munsif with costs in this and in the lower appellate Court.
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