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Chadami Lal Vs. Har Dayal and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All194
AppellantChadami Lal
RespondentHar Dayal and ors.
Excerpt:
decree for sale of mortgaged property - execution of decree--application for execution, before time allowed for payment--act iv of 1882 (transfer of property act), sections 86, 88. - mahmood, j.1. the decree of the 17th january, 1884, provided that execution thereunder was not to take place before the expiry of two months. the decree exempted the person of the judgment-debtor, and was capable of execution only against the hypothecated property. the application for execution which commenced this litigation was made on the 14th february 1884, that is, before the lapse of the period provided by the decree. we are of opinion that such an application should have been rejected by the lower courts as premature. we decree the appeal, and set aside the orders of both the lower courts, but, under the special circumstances of the case, make no order as to costs.
Judgment:

Mahmood, J.

1. The decree of the 17th January, 1884, provided that execution thereunder was not to take place before the expiry of two months. The decree exempted the person of the judgment-debtor, and was capable of execution only against the hypothecated property. The application for execution which commenced this litigation was made on the 14th February 1884, that is, before the lapse of the period provided by the decree. We are of opinion that such an application should have been rejected by the lower Courts as premature. We decree the appeal, and set aside the orders of both the lower Courts, but, under the special circumstances of the case, make no order as to costs.


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