BADMI SESHIAH Vs. KATTI CHINNA MARIPPA

JUDGEMENT

(1.) PLAINTIFF is not a judgment-debtor; and Order XXI, Rule 103, of the Code of Civil Procedure specially gives him a right of suit. This rule is not, in our opinion, restricted by the general provisions of Section 47 of the Code of Civil Procedure. The decision in Ramaswami Sastrulu v. Kameswaramma 23 M. 381 (F.B.) : 10 M.L.J. 126 : 8 Ind. Dec. (N.S.) 653 was passed under the old Code; and we may respect, fully add, does not consider the distillation between a party to the suit and judgment debtor as defined in the Code. The appeal is dismissed with costs.