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Judgment
3 paragraphs · 172 wordsAs regards the preliminary objection, we think that it must be over-ruled under the authority of the case of Sah Man Mull v. Kanagasabnathi ILR Mad. 20 followed in Pranal Annee v. Sreeneavsa Mudali C.M.A. Nos. 152 to 156 of 1901.
On the merits, we think that the decree (in Original Suit No. 5 of 1900) which is attached is essentially a decree for money. The case of Mallikarjuna Sastri v. Narasimha Rao ILR Mad. 412 relied on by the District Munsif has been recently over-ruled by the Full Bench in Vaidhinathasamy Ayyar v. Somasundaram Pilai ILR Mad. 473. It is therefore open to the appellant to set off against the decree in Original Suit No. 5 of 1900 any decree for money which he holds against the decree-holder therein.
We must therefore set aside the order of the Courts below and remand the petition to the District Munsif for disposal according to law. Costs in this and in the lower Appellate Court will abide and follow the result.