Privy Council Court March 1947 Judgments

V.C.A.R. Amnamalai Chettiar Vs. M.N.M.M. Ramanathan Chettiar(Since Dec ...

Court: Privy Council

Reported in: AIR1947PC98

LORD THANKERTON: On this appeal it can be stated that the present appellant started execution proceedings in 1938 against the second respondent, and the first respondent, who is the plaintiff in the present action, then put in a claim under O. 21, R. 58. That claim was for the raising of the attachment on the ground that the property belonged to him by virtue of a sale deed by the second respondent, and was in his possession. The claim was considered in the execution proceedings with the result that it was defeated and he was left to his remedy by ordinary action under O. 21, R. 63. He then, within a very short time, filed the present suit, in which he was the plaintiff, against the appellant and the judgment-debtor. [2] The case was tried by the Subordinate Judge and there was an appeal to the High Court. As their Lordships learn from the judgment of the High Court only one ground was maintained before them by the present appellant, ground which had not formed part of any of the groun...