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Shib Dat Vs. Kalka Prasad - Court Judgment

LegalCrystal Citation
SubjectCivil;Limitation
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All443
AppellantShib Dat
RespondentKalka Prasad
Excerpt:
decree for money payable by instalments - execution of decree--act xv of 1879 (limitation act), s.19--acknowledgment--limitation. - spankie, j.1. in my opinion the decree-holder was bound strictly by the terms of the decree. when the first default occurred, under the wording of the decree, he was bound to execute it in one lump. the instalment arrangement then ceased. if the decree-holder chose to continue to receive instalments, he did so at his own risk. when the acknowledgment of the balance due was made, it seems to me that the decree was already dead, and could no longer be executed. though the cases cited kristo komal singh v. huree sardar 13 w.r. f.b.44; and hira lal mookerji v. roy dhampat singh 24 w.r. 282 may not be strictly in point, the principle upon which they proceed applies to this case. i would decree the appeal and reverse the order of the court below with costs.
Judgment:

Spankie, J.

1. In my opinion the decree-holder was bound strictly by the terms of the decree. When the first default occurred, under the wording of the decree, he was bound to execute it in one lump. The instalment arrangement then ceased. If the decree-holder chose to continue to receive instalments, he did so at his own risk. When the acknowledgment of the balance due was made, it seems to me that the decree was already dead, and could no longer be executed. Though the cases cited Kristo Komal Singh v. Huree Sardar 13 W.R. F.B.44; and Hira Lal Mookerji v. Roy Dhampat Singh 24 W.R. 282 may not be strictly in point, the principle upon which they proceed applies to this case. I would decree the appeal and reverse the order of the Court below with costs.


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