cover image: The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales  Indian Appeals: Being Cases in the Privy Council on appeal from the East Indies  1882-83

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The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales Indian Appeals: Being Cases in the Privy Council on appeal from the East Indies 1882-83

1883

Where the effect of a Privy Council judgment was that each of two Plaintiffs was entitled to recover a moiety of a certain estate in possession of the Defendant and Defendant purchased the share of one Plaintiff :- Reid that the decree could be executed in part by the cPlaintiff according to the extent of her interest in the estate under the decree. [...] The Respondent Kali Sundari in respect of the other moiety of the talook applied to the High Court for execution ; the Appellant objected thereto first that the certified copy of the Order in Council had not been produced along with the appliction ; second that the decree affirmed by that order could only be executed in whole and not partly by one of the two Plaintiffs. [...] " If as in the present case the person claiming the benefit of the decree was no party to the appeal to the Privy Council and there were any question whether having regard to the true meaing of the decree the claimant was entitled to take advantage of it I consider that the Privy Council who made the decree would best understand its meaning and would be the proper Court to determine th [...] " But if on the other hand the question did not depend upon the meaning of the decree itself but upon something4hich had happened subsequently as for instance if the decree holtler had died and the question was who was his representative or if the decree holder had assigned his interest and the question was between the assignee on the one hand and the heirs of the decree holder on the oth [...] The production of the certified copy is a sufficient warrant to the High Court that the party producing it is entitled to ask to have the decree executed and the language of the section is imperative that upon its production the High Court shall transfer the decree for execution.
law
Pages
198
Published in
United Kingdom
SARF Document ID
sarf.100079
Segment Pages Author Actions
Frontmatter
i-xii Herbert Cowell view
Cases in the Privy Council on Appeal from the East Indies
1-182 Herbert Cowell view
Index
183-185 Herbert Cowell view
Backmatter
i-i Herbert Cowell view

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