Remfry Vs. Depenning and anr.

Remfry vs Depenning and anr.

Type Court Judgment Court Kolkata Decided Jul 23, 1884

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Citation: sooperkanoon.com/863827
Court: Kolkata
Judge: Pigot, J.
Decided On: Jul 23, 1884
Subject: Family

Case Summary

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

Indian Succession Act (X of 1865), Section 282 - Judgment-creditor--Execution of Decree--Priority--Executor--Administrator--Administrator-General's Act (II of 1874), Section 35. -

Key legal issue: Family

Parties & Advocates

Appellant / Petitioner

Remfry

Respondent

Depenning and anr.

Legal References

Cases Referred: Alliance Bank v. Hoff
Reported In: (1884)ILR10Cal929

Excerpt

indian succession act (x of 1865), section 282 - judgment-creditor--execution of decree--priority--executor--administrator--administrator-general's act (ii of 1874), section 35. - pigot, j.1. in this case execution must issue; section 35 of the administrator-general's act is limited to the express purpose for which it was enacted, and there is nothing in that act or in the civil procedure code to change the position of the administrator--general, or to put him in a better position than any ordinary suitor. i must follow the course pursued in the suit of the alliance bank v. hoff; unrep and execution must issue.

Full Judgment

Pigot, J.

1. In this case execution must issue; Section 35 of the Administrator-General's Act is limited to the express purpose for which it was enacted, and there is nothing in that Act or in the Civil Procedure Code to change the position of the Administrator--General, or to put him in a better position than any ordinary suitor. I must follow the course pursued in the suit of the Alliance Bank v. Hoff; Unrep and execution must issue.

Same Parties Remfry vs Depenning and anr. Same Subject Family Same Judge Pigot, J.

Family