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Krishnan Nayar (Petitioner-Surety) v. Ittinan Nayar (Counter-Petitioner-Decree-Holder) .

Madras High Court
Apr 16, 1901
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It is impossible to support the order. Either the order was wholly illegal for want of jurisdiction in the Court, or, if the security was legally taken. The obligation was ??? by the death of the judgment-debtor. In our opinion the courts had no jurisdiction to enforce the obligation as a decree, and therefore, treating the appeal as a petition under section 632 of the Code of Civil Procedure, we set aside the orders of the Courts below. The respondent must pay the petitioner's ??? throughout.