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Collins Vs. Maula Bakhsh and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil;Limitation
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All285
AppellantCollins
RespondentMaula Bakhsh and ors.
Excerpt:
execution of decree - limitation. - pearson, j.1. the appeal must prevail. the decision of the lower courts is opposed to numerous rulings of this court see husain bakhsh v. madge i.l.r. 1 all. 525 to the effect that an application to transfer a decree for execution from one court to another is an application to keep a decree in force. we accordingly decree the appeal with costs, and reversing the orders of the lower courts, direct the court of first instance to proceed with the application according to law.
Judgment:

Pearson, J.

1. The appeal must prevail. The decision of the lower Courts is opposed to numerous rulings of this Court see Husain Bakhsh v. Madge I.L.R. 1 All. 525 to the effect that an application to transfer a decree for execution from one Court to another is an application to keep a decree in force. We accordingly decree the appeal with costs, and reversing the orders of the lower Courts, direct the Court of First Instance to proceed with the application according to law.


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