Gauri Singh And Ors. vs Gajadhar Das on 11 March, 1909

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Allahabad High Court
Gauri Singh And Ors. vs Gajadhar Das on 11 March, 1909
Equivalent citations: 2 Ind Cas 608
Bench: G Knox, Aikman


1. In our opinion the provisions of Section 258, of the Code of Civil Procedure of 1882, were never intended to apply to a case like the present. Here the parties agreed between themselves that their debts were to be privately adjusted before any decree came into existence. The alleged adjustment took place before the decree was passed and was brought to the notice of the Court by the appellants at the earliest opportunity. We agree with our brother Richards. We, therefore, allow the appeal, set aside the decree of this Court and the orders of the Courts below and remand the case through the first appellate Court to the Court of first instance with directions to inquire into the objections raised by the judgment-debtors. Costs will abide the result.

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