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Tamiz-un-nissa Bibi and anr. Vs. Najju Khan and anr. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtAllahabad
Decided On
Judge
Reported inAIR1918All92; (1918)ILR40All668
AppellantTamiz-un-nissa Bibi and anr.
RespondentNajju Khan and anr.
Excerpt:
act no. ix of 1908 (indian limitation act), schedule i, article 182 (5) - execution of decree-limitation--step in aid of execution - tudball and abdul raoof, jj.1. this is a judgment-debtors' appeal and the sole question is whether the decree-holders' application of the 18th of july, 1913, is an application made to a proper court to take a step in aid of execution. that application was an application to the court to reject certain objections which had been filed against the execution of the decree so as to enable the execution to proceed. it was in our opinion an application made to the proper court, and it was an application asking that court, to take a step which was very necessary for the execution of the decree. the appeal fails an is dismissed with costs.
Judgment:

Tudball and Abdul Raoof, JJ.

1. This is a judgment-debtors' appeal and the sole question is whether the decree-holders' application of the 18th of July, 1913, is an application made to a proper court to take a step in aid of execution. That application was an application to the court to reject certain objections which had been filed against the execution of the decree so as to enable the execution to proceed. It was in our opinion an application made to the proper court, and it was an application asking that court, to take a step which was very necessary for the execution of the decree. The appeal fails an is dismissed with costs.


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