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Sami Mudaliar And Anr. vs Muthiah Chetti Alias Veerappa Chetti on 11 April, 1922

In Sami Mudaliar v. Muthiah Chetti (1922) 43 M.L.J. 293 the validity of a decree was challenged in a regular suit, on the ground that on the date it was passed, the defendant had died and his legal representative had not been brought on the record. It was contended before the High Court that the proper way of impeaching the decree was to raise the question in execution and that the regular suit did not therefore lie.
Madras High Court Cites 5 - Cited by 4 - Full Document

Kali Charan Singha vs Bibhuti Bhusan Singha on 8 June, 1932

This point is well brought out in the judgment of Costello, J., in Kalicharan Singha v. Bibhutibushan Singha (1932) I.L.R. 60 Cal. 191. An attempt was made in that case on behalf of the judgment-debtor to get rid of the decree, at the stage of execution, on the ground that when the decree was passed, the judgment-debtor had been a lunatic not properly represented in the action. The learned Judge held that the decree could not be challenged in execution and after expressing considerable doubts as to the correctness of the Full Bench decision, felt himself constrained to distinguish it on the ground that that case "does not cover the exact point" before him.
Calcutta High Court Cites 3 - Cited by 6 - Full Document
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