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Debi Dihal and ors. Vs. Mula Raj and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All371
AppellantDebi Dihal and ors.
RespondentMula Raj and ors.
Excerpt:
execution of decree - application for refund of excess payment--accrual of right to apply--act xv of 1877 (limitation act), schedule ii, no. 178. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in.....straight, j.1. we do not find fault with the judge's application of article 178 of the limitation law, but we differ with him upon the question as to when the right accrued to the appellant to apply to be recouped the excess amount paid by him. we think that the proper date must be that when the account was taken and stated on the application of the defendants in the course of the proceeding in execution to enforce his judgment against the plaintiff. the appeal is decreed with costs, and the order of the judge being reversed, that of the subordinate judge will be restored.
Judgment:

Straight, J.

1. We do not find fault with the Judge's application of Article 178 of the Limitation Law, but we differ with him upon the question as to when the right accrued to the appellant to apply to be recouped the excess amount paid by him. We think that the proper date must be that when the account was taken and stated on the application of the defendants in the course of the proceeding in execution to enforce his judgment against the plaintiff. The appeal is decreed with costs, and the order of the Judge being reversed, that of the Subordinate Judge will be restored.


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