Madras High Court
Krishnan Nayar vs Ittinan Nayar on 16 April, 1901
Equivalent citations: (1901)ILR 24MAD637
JUDGMENT
1. 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 discharged 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 622 of the Coda of Civil Procedure, we set aside the orders of the Courts below. The respondent must pay the petitioner's cost throughout.