Nursingdas Rughunathdas vs Tulsiram Bin Doulatram on 26 March, 1878

Bombay High Court
Nursingdas Rughunathdas vs Tulsiram Bin Doulatram on 26 March, 1878
Equivalent citations: (1878) ILR 2 Bom 558
Bench: Melvill, Kemball

JUDGMENT

1. Under the provisions of Section 268, the bonds cannot be sold till the end of six months from the date of attachment.

2. It follows that, as a Court of Small Causes cannot appoint a receiver, any bonds on which recovery will be time-barred before the date on which a sale can legally be made, cannot be made available for satisfaction of the judgment-creditor’s debt.

3. The Code on this respect appears to require amendment.

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