MoidIn Vs. Chandu

Moidin vs Chandu

Type Court Judgment Court Chennai Decided Oct 03, 1883

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https://sooperkanoon.com/case/788624

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Citation: sooperkanoon.com/788624
Court: Chennai
Judge: Charles A. Turner, Kt., C.J. and ;Hutchins, J.
Decided On: Oct 03, 1883
Subject: Civil

Case Summary

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

Civil Procedure Code, Section 349 - Insolvency--Security bond, Enforcement of--Remedy. -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Moidin

Respondent

Chandu

Legal References

Reported In: (1883)ILR7Mad273

Excerpt

civil procedure code, section 349 - insolvency--security bond, enforcement of--remedy. - charles a. turner, kt., c.j.1. there appears to be no provision in the code for enforcing summarily a surety bond given under the section (349) and no appeal from an order refusing summary enforcement of the surety bond, and the only course open to the party who desires it should be enforced is to move the court to put it in suit.2. whether, under the circumstances, the suit would succeed we need not now determine.3. the appeal is dismissed with costs.

Full Judgment

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

1. There appears to be no provision in the Code for enforcing summarily a surety bond given under the section (349) and no appeal from an order refusing summary enforcement of the surety bond, and the only course open to the party who desires it should be enforced is to move the Court to put it in suit.

2. Whether, under the circumstances, the suit would succeed we need not now determine.

3. The appeal is dismissed with costs.

Same Parties Moidin vs Chandu Same Subject Civil Same Judge Charles A. Turner, Kt., C.J. and ;Hutchins, J.

Civil