Balaji Lakshman Vs. Dada Joti - Court Judgment |
| Civil |
| Mumbai |
| Nov-24-1887 |
| Nanabhai Haridas and ;Jardine, JJ. |
| (1888)ILR12Bom235 |
| Balaji Lakshman |
| Dada Joti |
civil procedure code (act xiv of 1882, section 258 - decree--satisfaction of decree out of court--payment uncertified--suit to recover money paid in satisfaction of decree. - nanabhai haridas, j.1. we are of opinion that the subordinate judge is right in holding that the last clause of section 258 of the civil procedure code (act xiv of 1882) does not apply to this case. the payment of rs. 38 by balaji to ganpatsing can be proved as a fact by the evidence of ganpatsing supported by his receipt (exhibit 3) for such payment. see, haji abdul rahiman v. khoja khaki aruth i.l.r., 11 bom. 13. the subordinate judge to be informed accordingly.
Nanabhai Haridas, J.
1. We are of opinion that the Subordinate Judge is right in holding that the last clause of Section 258 of the Civil Procedure Code (Act XIV of 1882) does not apply to this case. The payment of Rs. 38 by Balaji to Ganpatsing can be proved as a fact by the evidence of Ganpatsing supported by his receipt (exhibit 3) for such payment. See, Haji Abdul Rahiman v. Khoja Khaki Aruth I.L.R., 11 Bom. 13. The Subordinate Judge to be informed accordingly.