Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

Tiruvengada Chari v. Vythilinga Pillai

Madras High Court
Jan 29, 1883
Important Paras
Please sign up to view Important Paras.

and Muttusami Ayyar, J.

1. We are of opinion that a decree for money, though it be a judgment debt, is not liable as a "debt" to sale in execution of a decree. The judgment debt could be rendered available in execution without attachment, and Section 273 appears to be imperative as to the procedure to be adopted to secure the judgment debt and make it available to satisfy the claim of the attaching decree-holder. For reasons which are sufficiently obvious, e.g., the uncertainty of its value, the Code, it appears to us, prescribes a particular procedure which renders the sale of a money-decree unnecessary.--

2. The order of the Munsif was right, and the application must be dismissed with costs.