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Haridas Nanabhal Vs. Vithaldas Kisandas - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case Number Second Appeal No. 504 of 1911
Judge
Reported in(1912)14BOMLR765
AppellantHaridas Nanabhal
RespondentVithaldas Kisandas
Excerpt:
limitation act (ix of 1908), article 179-decree-execution proceedings application for lime-step-in-aid of execution.;an application for time, made after presenting a darkhast to execute a decree, for procuring copies of decree and judgment, is a step-in-aid of execution. ;kunhi mannan v. seshagiri bhakthan (1882) i. l. r. 5 mad. 141, followed.;kartick nath pandey v. juggernath ram marwari (1899) i. l. r. 27 cal. 285, dissented from. - narayan g. chandavarkar, acting c.j.1. we are of opinion that the application for time, which was made by the appellant after he had given the darkhast of november 1906, to enable him to procure copies of the decree and judgment, was a step-in-aid of execution. we agree with the judgment of the madras high court in kunhi mannan v. seshagiri bhakthan ilr (1882) mad. 141 and dissent from the judgment of the calcutta high court in kartick nath pandey v. juggernath ram marwari ilr (1899) mad. 285.2. the decree is, therefore, reversed and the darkhast sent back to be disposed of according to law on the merits. costs hitherto incurred will be costs in the darkhast.
Judgment:

Narayan G. Chandavarkar, Acting C.J.

1. We are of opinion that the application for time, which was made by the appellant after he had given the darkhast of November 1906, to enable him to procure copies of the decree and judgment, was a step-in-aid of execution. We agree with the judgment of the Madras High Court in Kunhi Mannan v. Seshagiri Bhakthan ILR (1882) Mad. 141 and dissent from the judgment of the Calcutta High Court in Kartick Nath Pandey v. Juggernath Ram Marwari ILR (1899) Mad. 285.

2. The decree is, therefore, reversed and the darkhast sent back to be disposed of according to law on the merits. Costs hitherto incurred will be costs in the darkhast.


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