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Citedby 3 docs
Ramalingam Pillai vs Ponnusami Goundan And Ors. on 12 December, 1932
Chinnayya Naidu vs Srinivasa Naidu on 19 November, 1934
Perumal Chettiar vs Kamakshi Ammal on 10 February, 1938

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Madras High Court
Krishnaswami Aiyar vs T.A. Rangaswami Nayadu on 19 July, 1915
Equivalent citations: 30 Ind Cas 517
Author: S Aiyangar
Bench: S Aiyangar

JUDGMENT

Srinivasa Aiyangar, J.

1. The lower Court does not find that there was service of the previous notice calling upon the surety to show cause why his security amount should not he utilised for payment to the judgment-creditor. Without a finding that the conditions of the bond had not been complied with and without a finding that the service was proper, the lower Court was not entitled to pay the surety's money to the judgment-creditor. I reverse the order of the lower Court and remand the petition for inquiry according to law in the light of the above observations. Costs will be provided for in the revised order.