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N. Shantilal vs A. Sankarasubha Mudaliar

Madras High Court · Decided on 9 January 1978 · Citation: AIR 1979 Mad 13 : (1978) 91 LW 485 : (1977) 90 LW 485

HON’BLE JUDGES
Suryamurthy, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 20 Rule 11, Order 34 Rule 4
CASE NUMBER
C.R.P. No. 1811 of 1975
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Judgment

2 paragraphs · 194 words

Suryamurthy, J.—This is a civil revision petition against the order of the learned X Assistant Judge, City Civil Court, Madras, allowing an application by the judgment debtor for permission to pay the decree amount in monthly instalments of R. 200. The order of the learned Assistant Judge is without jurisdiction. The decree-holder has filed a suit on a mortgage and has obtained a preliminary decree. The preliminary decree has been passed on 22-12-1973 under O. 34 , R. 4 C. P. C. As it is not a simple money decree, the provisions of O. 20, R. 11, C. P. C. as amended by this court, are not applicable to the instant case. They do not supersede the provisions of O. 34, R. 4 C. P. C. Therefore, the order of the learned Assistant Judge, City Civil Court, Madras, is not in accordance with law. That order is, therefore, set aside and the petition of the judgment debtor in C.M.P. 1683 of 1974 on the file of the X Assistant Judge, City Civil Court, Madras is dismissed. The civil revision petition is consequently allowed. There will be no order as to costs.

2.

Petition allowed.