K. KUNCHITHAPATHAM MUDALIAR Vs. P. KRISHNASWAMI MUDALIAR

JUDGEMENT

(1.) This is an appeal by the decree -holder in the Court of the First Instance, Karaikkal, against the order of the District Judge of East Thanjavur at Nagapattinam, holding that the decree in Original Suit No. 338 of 1957 of the Karaikkal Court is not executable in the Court of the Subordinate Judge, Nagapattinam. The facts of the case may be briefly set out.

(2.) The decree -holder claimed a sum of Rs. 601 -4 -0 for marriage expenses and a further sum of Rs. 1,000 for damages for the reparation of the prejudice he was subjected to on account of the Respondent agreeing to give his daughter, in marriage to his son and later refusing to do so. The Respondent was ex parte and on going through the records in the case the Court of the First Instance Karaikkal, passed a decree for a total sum of Rs. 1,000. The decree -holder obtained a certificate of non -satisfaction of the decree from the Karaikkal Court and filed the execution petition before the Subordinate Judge, Nagapattinam.

(3.) The Subordinate Judge held that the execution petition was maintainable and, therefore, directed the attachment of the properties. On appeal, the District Judge held that the Court of the First Instance, Karaikkal, is not a Court continued under the authority of the Government of India under Sec. 43, Code of Civil Procedure and that even if it is taken that the Court of the First Instance is a Court continued by the authority of the Government of India, the execution petition is not in accordance with the provisions of Sec. 43, of the Code of Civil Procedure.