Krishnayyar Vs. Venkayyar

Krishnayyar vs Venkayyar

Type Court Judgment Court Chennai Decided Nov 10, 1882

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Citation: sooperkanoon.com/785337
Court: Chennai
Judge: Charles A. Turner, Kt., C.J. and ;Kindersley, J.
Decided On: Nov 10, 1882
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Execution of decree, step in aid of - Limitation Act, Schedule II, Article 179 Clause 4--Application to retransfer decree for execution--Civil Procedure Code, 1877, Section 223. - - 1. The Court to which the decree was sent was bound to certify the fact of such execution, or, where such Court fails to execute the ...

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Krishnayyar

Respondent

Venkayyar

Legal References

Reported In: (1883)ILR6Mad81

Excerpt

execution of decree, step in aid of - limitation act, schedule ii, article 179 clause 4--application to retransfer decree for execution--civil procedure code, 1877, section 223. - - 1. the court to which the decree was sent was bound to certify the fact of such execution, or, where such court fails to execute the decree, the circumstance attending such failure.charles a. turner, kt., c.j. and kindersley, j.1. the court to which the decree was sent was bound to certify the fact of such execution, or, where such court fails to execute the decree, the circumstance attending such failure.2. until that certificate has been received, it would ordinarily be the duty of the court by which the decree was passed to abstain from issuing execution, for it might be assisting the decree-holder to recover a second time the amount of the decree. in moving the court of palmaner to transmit its certificate, we hold that the decree-holder applied to the proper court to take a step in aid of execution.3. this appeal fails, and is dismissed with costs.

Full Judgment

Charles A. Turner, Kt., C.J. and Kindersley, J.

1. The Court to which the decree was sent was bound to certify the fact of such execution, or, where such Court fails to execute the decree, the circumstance attending such failure.

2. Until that certificate has been received, it would ordinarily be the duty of the Court by which the decree was passed to abstain from issuing execution, for it might be assisting the decree-holder to recover a second time the amount of the decree. In moving the Court of Palmaner to transmit its certificate, we hold that the decree-holder applied to the proper Court to take a step in aid of execution.

3. This appeal fails, and is dismissed with costs.

Same Parties Krishnayyar vs Venkayyar Same Subject Civil Same Judge Charles A. Turner, Kt., C.J. and ;Kindersley, J.

Civil