IN RE: M A SHARD Vs. STATE
LAWS(PVC)-1901-6-4
PRIVY COUNCIL
Decided on June 25,1901

IN RE: M A SHARD Appellant
VERSUS
Respondents

JUDGEMENT

Sale, J - (1.) This is an application under Section 622 of the Civil Procedure Code, the object of which is to set aside an attachment issued under a decree of the Small Cause Court, dated the 16 day of January 1901. The applicants are Laura Elizabeth Madden, wife of the judgment-debtor, and Millie Augusta Sarah Shard, who was the plaintiff in an interpleader suit instituted in the Small Cause Court, for the purpose of having the attachment under the decree, I have mentioned, removed.
(2.) The matter came before the learned Chief Judge of the Small Cause Court and he dismissed the interpleader suit, and the result is that the present application is made by the plaintiff in that suit and by Mrs. Madden for revision of that order, under the provisions of Section 622.
(3.) Upon the statements made in the petition an order was made requiring the Small Cause Court to send the records of the case to this Court and the judgment- creditors were called on to show cause why the order made by the Chief Judge dismissing the suit No. 6493 of 1901 should not be set aside, and why the attachment issued in execution of the decree made in the first mentioned suit should not be withdrawn, and why the Court should not pass such other order with regard to the suits Nos. 20471 of 1900 and 6493 of 1901 as to it may seem fit.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.