Raman Vs. Kunhayan and anr.

Raman vs Kunhayan and anr.

Type Court Judgment Court Chennai Decided Oct 17, 1893

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Citation: sooperkanoon.com/787327
Court: Chennai
Judge: Muttusami Ayyar and ;Best, JJ.
Decided On: Oct 17, 1893
Subject: Civil

Case Summary

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

Execution - Fraud in conducting a sale in contravention of agreement between creditor and debtor--Estoppel of judgment--debtor by previous petition. -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Raman

Respondent

Kunhayan and anr.

Legal References

Reported In: (1894)ILR17Mad304

Excerpt

execution - fraud in conducting a sale in contravention of agreement between creditor and debtor--estoppel of judgment--debtor by previous petition. - 1. the subordinate judge is in error in thinking that the petitioner is estopped by his previous petition no. 545 of 1891. there was no occasion for mentioning in that petition the irregularities now relied on as vitiating the sale, as that petition was filed for the purpose of obtaining an adjournment with a view to raising the money by private arrangement. in a similar case the calcutta high court also held that omissions in such a petition did not create an estoppel i.l.r. 7 cal. 613 we set aside the order and direct the subordinate judge to allow the parties to adduce evidence with reference to the alleged irregularities and to dispose of the case in accordance with law. the costs of this appeal will abide and follow the result.

Full Judgment

1. The Subordinate Judge is in error in thinking that the petitioner is estopped by his previous petition No. 545 of 1891. There was no occasion for mentioning in that petition the irregularities now relied on as vitiating the sale, as that petition was filed for the purpose of obtaining an adjournment with a view to raising the money by private arrangement. In a similar case the Calcutta High Court also held that omissions in such a petition did not create an estoppel I.L.R. 7 Cal. 613 We set aside the order and direct the Subordinate Judge to allow the parties to adduce evidence with reference to the alleged irregularities and to dispose of the case in accordance with law. The costs of this appeal will abide and follow the result.

Same Parties Raman vs Kunhayan and anr. Same Subject Civil Same Judge Muttusami Ayyar and ;Best, JJ.

Civil In accordance with law dispose of high court set aside R and D