H. Shantilal v. A. Sankarasubba Mudaliar

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 Rs. 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 22nd December 1973 under. O. 34, R. 4, C.P Code. As it is not a simple money decree, the provisions of Or. 2, Rule 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 X Assistant Judge, City Civil Court Madras is not in accordance with law. That order is, therefore, set aside and the petition of the judgement-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.

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