Q. What are the equivalent citations for Srinivasiengar vs Kanthimathi Ammal ?

The equivalence citation are(1910) ILR 33 MAD 465 ; 5 IND. CAS. 917 ; LQ/MadHC/1910/20 ;

Srinivasiengar Vs. Kanthimathi Ammal On 18 January, 1910

Open iDraf

Srinivasiengar v. Kanthimathi Ammal

Srinivasiengar
v.
Kanthimathi Ammal

(High Court Of Judicature At Madras)

No. | 18-01-1910

Abdur Rahim, J

[1] The question is whether the judgment-debtors of the petitioner and the respondent are the same within the meaning of Section 295, Civil Procedure Code. The persons against whom the petitioner obtained his decree are the sons of one Maruthamuthu Pillai and the decree is to be satisfied out of the assets of the family in their hands, and the person against whom the respondent obtained her decree is Maruthamuthu Pillai himself. The Munsif has rightly held that the decision in Govind Abaji Jakhadi v. Mohoniraj Vinayak Jakhadi (sic)B. 494, covers the question and is opposed to the petitioner s contention. And it seems to me that, that ruling is in accordance with the language of Section 295, Civil Procedure Code. The fact that the two decrees are to be realised of the family property is not decisive e question against whom the decrees are And, as has been pointed in Kaliappan Servaikaran v. Varadarajulu 19 M.L.J. 651 : 33 M. 75 : 6 M.L.T. 199 : 3 Ind. Cas. 737 [LQ/MadHC/1909/199] , when a decree is obtained against the legal representatives of a deceased person, the legal representatives are the judgment-debtors and not the estate of the deceased.

[2] This petition is dismissed with costs.

Advocates List

For The Appearing Parties ----.

Bench List

HON'BLE MR. JUSTICE ABDUR RAHIM

Eq Citation

(1910) ILR 33 MAD 465

5 IND. CAS. 917

LQ/MadHC/1910/20

HeadNote

Civil Procedure Code, 1908 — S. 295 — Distinction between judgment-debtor and judgment-debtor s estate — Decree obtained against legal representatives of deceased person — Whether legal representatives are judgment-debtors and not the estate of deceased