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1 - 8 of 8 (0.34 seconds)Section 36 in Presidency Small Cause Courts Act, 1882 [Entire Act]
Section 38 in Presidency Small Cause Courts Act, 1882 [Entire Act]
Section 53 in Presidency Small Cause Courts Act, 1882 [Entire Act]
Presidency Small Cause Courts Act, 1882
The Code of Civil Procedure, 1908
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Sadhanandhan vs Leelavathy on 10 September, 1987
10. The learned counsel for the petitioners relied upon the
judgment of this Court reported in 1988 (1) MLJ 122 in Sadhanandhan Vs
Leelavathy, for the proposition that only after seizure of the movable property
found in and upon the houses mentioned in the warrant, the affected persons
can come forward with an application either under Section 60 or 61 of the
https://www.mhc.tn.gov.in/judis
9 C.R.P.No.158 of 2022
Act. As between the applicant and the debtor, the Act does not contemplate
adjudication of any disputed questions. Even as per the decision cited by the
learned counsel for the petitioners, question of invoking Section 60 of the Act
would arise only after seizure of movables. In the case on hand, admittedly,
the movables were not seized. At that stage, the respondent is not entitled to
invoke Section 60 of the Act. In view of the clear wordings in Section 36 that
every order made by Registrar in any proceedings shall be subject to the same
provisions, with regard to the new trial application, I hold that NTA.No.1 of
2021 filed by respondent is maintainable.
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