SUPREME COURT [F.M.S]
MARIAN REBELLO – Appellant
Versus
K PERIATHAMBY S CHELLAPPA – Respondent
ELPHINSTONE C.J., delivered oral JUDGMENT (with which Prichard and Burton JJ, concurred) allowing the appeal with costs as against the 1st defendant, and ordering judgment to be entered for the plaintiff for $600 and costs as against the 1st defendant, and dismissing the appeal with costs as against the 2nd defendant.Elphinstone, C.J., has supplied the following note of his judgment as far as it affected the 1st defendant.
This is an appeal by the plaintiff against the order of Mudie, J., dismissing her suit for damages for wrongful attachment of her property.The 1st defendant was alleged to be responsible for the wrongful attachment which was actually effected by the bailiff.
By a decree dated the 3rd February, 1930, passed in Civil Suit No. 2249 of 1929 in the Magistrate's Court at Kuala Lumpur, One Fonseea, the son of the plaintiff in the present suit, was ordered to pay the sum of $477.61 to Periathamby, the 1st defendant in the present suit.Periathamby then applied for execution of the decree against Fonseea.His application was in the form prescribed for use under section 235 of the Civil Procedure Code, and concluded:
"I, the undersigned K. Periathamby, of Kuala Lumpu
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