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Nanammai v. The Collector Of Trichinopoly

Madras High Court
Aug 6, 1909
Important Paras
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1. The decree for maintenance is a right to future maintenance and under Section 266(1) of the Civil Procedure Code of 1882 cannot be attached. It is not a money decree and cannot be attached under Section 273 of C.P.C. of 1882, as seems to have been done in this case. Perhaps the proper procedure would be that laid down in Monessur Dass v. Beer Pratap Sahu (1871) 15 W.R. 188. The appeal is allowed and the attachment set aside. There will be no costs.