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Nanda Rai and anr. Vs. Raghunandan Singh - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All282
AppellantNanda Rai and anr.
RespondentRaghunandan Singh
Excerpt:
.....9 by the employees working in schools which are established and administered by the cantonment board. [deolali cantonment board v usha devidas dongre, 1993 mah.lj 74; 1993 lab ic 1858 overruled]. - 1. whether or not the previous executions of the decree by some sharers for their shares were strictly allowable, they were allowed, and no objections at the time were taken to them, and they must be held to be good for the purpose of keeping the decree alive......must be held to be good for the purpose of keeping the decree alive. the judgment-debtor cannot now take exception to them as not being applications to enforce the decree within the meaning of the limitation act. the principle of the decision of the privy council in mungul prasad dichit v. grija kant lahiri i.l.r. 8 cal. 51 : l.r. 8 ind. ap. 123 governs this case. the judgment-debtor cannot now object to the execution of the decree by the appellants for their shares. the orders of the courts below are set aside, and the case remanded to the first court for disposal. costs to follow the result.
Judgment:

Oldfield, J.

1. Whether or not the previous executions of the decree by some sharers for their shares were strictly allowable, they were allowed, and no objections at the time were taken to them, and they must be held to be good for the purpose of keeping the decree alive. The judgment-debtor cannot now take exception to them as not being applications to enforce the decree within the meaning of the Limitation Act. The principle of the decision of the Privy Council in Mungul Prasad Dichit v. Grija Kant Lahiri I.L.R. 8 Cal. 51 : L.R. 8 Ind. Ap. 123 governs this case. The judgment-debtor cannot now object to the execution of the decree by the appellants for their shares. The orders of the Courts below are set aside, and the case remanded to the first Court for disposal. Costs to follow the result.


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