Balaji Vs. Ramasami

Balaji vs Ramasami

Type Court Judgment Court Chennai Decided Oct 19, 1883

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https://sooperkanoon.com/case/789014

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Citation: sooperkanoon.com/789014
Court: Chennai
Judge: Charles A. Turner, Kt., C.J. and ;Hutchins, J.
Decided On: Oct 19, 1883
Subject: Civil

Case Summary

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

Civil Procedure Code, 1882, Section 253 - Surety for execution of decree of Appellate Court--Remedy. -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Balaji

Respondent

Ramasami

Legal References

Reported In: (1883)ILR7Mad284

Excerpt

civil procedure code, 1882, section 253 - surety for execution of decree of appellate court--remedy. - charles a. turner, kt., c.j.1. a decree had been passed against the defendant by the district court on appeal. he applied for review of judgment and, in the meantime, for stay of execution. the court stayed execution on terms that security should be furnished for the due execution of the decree. the respondent was offered and accepted as a surety. the application for review was dismissed and the decree-holder now applies to execute his decree against the surety. he cannot do so under section 253, for, assuming that section can be extended to appeals, it applies only to cases in which the security has been given before the passing of the decree. we must dismiss the appeal with costs.

Full Judgment

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

1. A decree had been passed against the defendant by the District Court on appeal. He applied for review of judgment and, in the meantime, for stay of execution. The Court stayed execution on terms that security should be furnished for the due execution of the decree. The respondent was offered and accepted as a surety. The application for review was dismissed and the decree-holder now applies to execute his decree against the surety. He cannot do so under Section 253, for, assuming that section can be extended to appeals, it applies only to cases in which the security has been given before the passing of the decree. We must dismiss the appeal with costs.

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

Civil