Bombay High Court Reports Volume 5

Bombay High Court Reports Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ...of Small Causes at Ahmedebad: --" The question is, whether or not a vakil of the plaintiff, engaged in a suit in which he obtained judgment in favour of his client, should be permitted to plead for him, in answer to a claim advanced under Sec. 246 of the Code of Civil Procedure, to certain property attached in execution of that judgment without a fresh cakzfatminui. I am of opinion that a valril should be allowed to plead for the plaintiff as above stated. A 1-alril in a. suit is all_oyr;ed__to_3_pg'ly f'orr_e_ _ecu_tion_ of judgment without a fresh power, and the claims to attached property are incidental to the execution of decrees." Pna Crmmn (Nawron, Acting C. J., and Tcoxrm, J.): -As, under Sec. 246 of the Code of Civil Procedure, the Court is to investigate a claim of the character therein described with the like powers as if the claimant had originally been made a defendant to the suit, we are of opinion that the pleader retained by the plaintiff in the original suit may be permitted to plead for him with respect to any claim preferred or objection offered under the first portion of the said section without producing any additional varelaimi-md. Where the defendants were arrested through the Munsif's Com-t in execution of a decree, but were released at the request of the execution creditor before they had been sent to the Civil Gaol: It was held that the execution creditor was entitled to a refund of the balance of subsistence money advanced by him, that remained in the IVIunsif's hand at the time of his debtors' release, Sec. 10 of Act IV. of 1865 (Bombay) not being applicable to such a case. CASE referred by A. Lyon, Assistant Judge at '1'ha1_1e, for the orders of the High Court....show more

Product details

  • Paperback | 196 pages
  • 189 x 246 x 11mm | 358g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236900367
  • 9781236900364