Kaim Ali Jawardar Vs Lakhikant Chuckerbutty

Calcutta High Court 6 Aug 1868 Miscellaneous Appeal No. 618 of 1867 (1868) 08 CAL CK 0013

Judgement Snapshot

Case Number

Miscellaneous Appeal No. 618 of 1867

Judgement Text

Translate:

Sir Barnes Peacock, Kt., C.J.@mdashThe ease is almost too clear for argument. We entirely agree with the view which was expressed by Mr. Justice Jackson, when the case was referred for the opinion of a Full Bench, viz., that the purchaser of the rights and interests of the decree-holder was entitled to execute the decree purchased, in like manner and to the same extent as the original decree-holder might have done, and not otherwise or further; and, consequently, that the purchaser took it subject to the rights of the judgment-debtor to set-off his cross-decree.

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