VALAMBAL Vs. LOGAMBAL AMMAL

JUDGEMENT

(1.) IT is impossible to uphold, the order of the Subordinate Judge in so far as Valambal is concerned. There is nothing in Section 258 of the Civil Procedure Code to warrant the conclusion arrived at by the Subordinate Judge that it is only when the decree-holder fails to certify under Section 258 that the judgment-debtor can apply under paragraph 2 of that Section. That paragraph gives her full liberty to apply as soon as she has paid the money and when she does so the Court is bound to enquire into the matter after issue of notice to the decree-holder and also, of course, to the assignee of the decree if it is alleged that there has been any assignment. The Subordinate Judge is directed to do so now and to dispose of Valaiubal's application on the merits of the case. This petition is allowed with costs.