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Manammal Vs. the Collector of Trichinopoly

Manammal vs The Collector of Trichinopoly

Type Court Judgment Court Chennai Decided Aug 06, 1909
~1 min read
https://sooperkanoon.com/case/808521

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Citation
Court
Chennai
Judge
Decided On
Subject
Civil

Case Summary

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

Civil Procedure Code (Act XIV of 1882), Sections 266(l), 273 -Decree for maintenance is a right to future maintenance--Not liable to attachment. -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

Manammal

Respondent

The Collector of Trichinopoly

Legal References

Cases Referred
Monessar Doss v. Beer Pratap Sahee
Reported In
5Ind.Cas.879

Excerpt

civil procedure code (act xiv of 1882), sections 266(l), 273 -decree for maintenance is a right to future maintenance--not liable to attachment. - 1. the decree for maintenance is a right to future maintenance and under section 266(l) of the civil procedure code of 1882 cannot be attached. it is not a money decree and cannot be attached under section 273 of civil procedure code of 1882, as seems to have been done in this case. perhaps the proper procedure would be that laid down in monessar doss v. beer pratap sahee 15 w.r. 188. the appeal is allowed and the attachment set aside. there will be no costs.

Full Judgment

1. The decree for maintenance is a right to future maintenance and under Section 266(l) of the Civil Procedure Code of 1882 cannot be attached. It is not a money decree and cannot be attached under Section 273 of Civil Procedure Code of 1882, as seems to have been done in this case. Perhaps the proper procedure would be that laid down in Monessar Doss v. Beer Pratap Sahee 15 W.R. 188. The appeal is allowed and the attachment set aside. There will be no costs.

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