Chennai Court May 1979 Judgments

Mahalakshmi Vs. P.S Rajeswari Alias Santha Bai

Court: Chennai

Reported in: (1979)2MLJ192

ORDERT. Sathiadev, J.1. This revision is filed against an order made in E.A. No. 694 of 1977 in E.P. No. 200 of 1977 on the file of the First Additional Sub-Judge, Pondicherry. The Court below held that the execution taken in respect of the mortgage deed dated 27th January, 1965 executed by Muthukrishnan can be proceeded with even though there has been a change in the law applicable in Pondicherry as on date. E.A. No. 694 of 1977 was filed under Section 151. Civil Procedure Code, by the judgment-debtor for dismissing the execution petition on the ground that a mortgage deed was executed on 27th January, 1965 by one Muthukrishnan for Rs. 35,000 and the said Muthukrishnan died in 1969, and the legal representatives are now being proceeded against for recovery of the mortgage amount. Under Article 2217 of French Code (Civil), no attachment can be effected without serving a commandment and the requirements prescribed under French Law had not been complied with. Entire debt was incurred for...