Chennai Court January 1890 Judgments
Vythilinga Muppanar Vs. Seethalakshmi Ammal
Court: Chennai
Decided on: Jan-21-1890
Reported in: (1896)6MLJ44
1. We do not agree with the District Judge Articles 165 and 167 of the Limitation Act cannot apply to cation made by the judgment-debtor and must be limited to cases contemplated in Sections 331, 335 of the Civil Procedure Code.2. No specific section of the code is mentioned either in Art 165 or in Art 167 and both articles contemplate application by person dispossessed in the execution of a decree by the decree holder to recover back possession. Unless they referred-severally to debtors as well as third parties, there would be 178 has no application, unless upon the proper construction of Article 165 and 167 it can be held they cannot apply.' We reverse the orders of the Courts below and direct that the application be dismissed with costs as barred by limitation....
Tag this Judgment!Subbayya Jetty and Subba Jetty Vs. Thamothara Kristna Jetty
Court: Chennai
Decided on: Jan-07-1890
Reported in: (1896)6MLJ101
Muttusami Aiyar, J.1. The appellants are parties interested in the due administration of an endowed public charity in Tanjore, and the respondent is its present trustee by right of inheritance. The former charged the latter with negligence and misconduct and instituted this suit in the District Court of Tanjore to remove him from the office.of trustee and to have [96] another appointed in his place. The Judge held that he had no jurisdiction to entertain the suit under Section 539 of the Code of Civil Procedure, and relying on the decision in Narasimha v. Aiyan Ghetty I.L.R. (1388) M. 157 dismissed the ' claim with costs.2. The contention in appeal is that the Judge has jurisdiction, and if he has no jurisdiction, he ought to have returned the plaint to be presented to a Court of competent jurisdiction. It is urged that since the case of Narasimha v. Ayyan Ghetty I.L.R. (1388) M. 157 was decided, section 539 has been amended, and that, as pointed out in R.A. 199 of 1887,2 the procedure...
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