Q. What are the equivalent citations for K. Nataraja Gramani vs Sivakolundu Gramani ?

The equivalence citation are(1942) 2 MLJ 735 ; 1942 MWN 789 ; AIR 1943 MAD 245 ; LQ/MadHC/1942/298 ;

K. Nataraja Gramani Vs. Sivakolundu Gramani On 27 August, 1942

iDraf

Issue

Open iDraf

K. Nataraja Gramani v. Sivakolundu Gramani

K. Nataraja Gramani
v.
Sivakolundu Gramani

(High Court Of Judicature At Madras)

Civil Revision Petition No. 1552 Of 1940 | 27-08-1942

(Petition (disposed of on 27-8-1942) under S. 115 of Act V of 1908, praying that the High Court will be pleased to revise the order of the District Court of Chingleput, dated 6th February, 1940 and made in A.S. No. 347 of 1938, preferred against the order of the Court of the Subordinate Judge of Chingleput, dated 20th September, 1938 and made in M.P. No. 321 of 1938 in O.S. No. 29 of 1936.)

The appeal to the District Judge against the order of the Subordinate Judge was incompetent and the appellate order has to be set aside. I am asked in revision to rectify what appears to be an erroneous decision on the limitation question by the trial Court. While I am of opinion that the procedure of the executing Court in granting an ad interim stay followed by an absolute order is not contemplated by S. 20 of Act IV of 1938 and that when once a stay has been granted limitation for an application under S. 19 will begin to run, I am not prepared to hold that the decision of the learned Subordinate Judge was without jurisdiction because it proceeds on a different view of the limitation question. In the result the revision petition is allowed with costs here and in the District Court and the order of the Subordinate Judge is restored.

Advocates List

For the Petitioner R. Thirumalai Thathachariar, Advocate. For the Respondent M. Ranganatha Sastri, Advocate.

Bench List

HON'BLE MR. JUSTICE WADSWORTH

Eq Citation

(1942) 2 MLJ 735

1942 MWN 789

AIR 1943 MAD 245

LQ/MadHC/1942/298

HeadNote

Debt, Money Lending and Limitation Act, 1938 — S. 20 — Stay of execution of decree — Procedure for — Grant of ad interim stay followed by an absolute order — Held, is not contemplated by S. 20 — Limitation Act, 1908, S. 19