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1936 Supreme(Mad) 163

VENKATASUBBA RAO
M. Ar. Rm. P. M. Chidambaram Chettiar – Appellant
Versus
The National City Bank of New York – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. This appeal raises a question of some importance. The plaintiffs - The National City Bank of New York--obtained a decree on 19th June, 1934, in the High Court at Rangoon for about Rs. 25,000 against two defendants, with first of whom alone we are concerned. The first defendant is described in the plaint as "R.M.P.M. Chettiar firm, carrying on business at No. 84, Mogul Street Rangoon. " In execution of the decree, the plaintiff bank attached certain properties, which on their own showing belong to the four minors (the appellants before us) constituting a joint undivided Hindu family. The subordinate Judge of Coimbatore, in whose Court the decree was being executed disallowed the objections preferred on behalf of the minors and made an order allowing execution. The objection, which is material for the present purpose, has been raised in the following form:

The suit and the proceedings that ended in the said ex parte decree and the proceedings m the execution taken out after the decree are wholly incompetent and the attachment effected of the properties...is wholly illegal.

2. Further on it is stated:

The firm has no legal entity and there can be no decree







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