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Raj Kishore Upadhya Vs. Babu Gurcharan Lal - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in9Ind.Cas.634
AppellantRaj Kishore Upadhya
RespondentBabu Gurcharan Lal
Excerpt:
limitation act (ix of 1908), schedule i, article 182 - execution--application for issue of fresh proclamation for sale--step-in-aid of execution. - - under these circumstances this application is not time-barred and the appeal must fail......in this appeal. the appellant's contention is that the application for execution of the decree is time-barred. the learned vakil for the appellant has stated the facts connected with the case and detailed the applications which were made for execution. amongst others, he has referred to an application, dated the 9th of september 1906. in this application the judgment-creditor applied to the court that time might be given to the debtor, and further that a fresh proclamation for sale might be issued. the subsequent application was made within three years from the date of this application. it is clear that the application for the issue of a fresh proclamation for sale was an application which saved limitation. under these circumstances this application is not time-barred and the appeal.....
Judgment:

1. There is no substance in this appeal. The appellant's contention is that the application for execution of the decree is time-barred. The learned Vakil for the appellant has stated the facts connected with the case and detailed the applications which were made for execution. Amongst others, he has referred to an application, dated the 9th of September 1906. In this application the judgment-creditor applied to the Court that time might be given to the debtor, and further that a fresh proclamation for sale might be issued. The subsequent application was made within three years from the date of this application. It is clear that the application for the issue of a fresh proclamation for sale was an application which saved limitation. Under these circumstances this application is not time-barred and the appeal must fail. We dismiss it with costs including fees in this Court on the higher scale.


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