AIR 1930 MADRAS 699(2)

Madras High Court

Hon'ble Judge(s): Jackson , J

Civil P.C. (5 of 1908) , S.73— Once inferior Court orders satisfaction or pays out amount in ignorance of decree of superior Court against same judgment debtor, superior Court cannot order restitution or rectify error and make assets available for rateable distribution among decree-holders of superior Court. Although a superior Court is competent to call for assets in the hands of an inferior Court in consequence of a sale in execution of the decree of the inferior Court against the same judgement-debtor so as to render them available for rateable distribution among the decree-holders of superior Court, if the inferior Court has paid out amount or ordered satisfaction of the decree in ignorance of the decree of the superior Court, the superior Court has no jurisdiction to order restitution and rectify the error ex debito justitiae :