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Lalman Vs. Gopi Nath - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtAllahabad High Court
Decided On
Judge
Reported in(1897)ILR19All144
AppellantLalman
RespondentGopi Nath
Excerpt:
civil procedure code, section 357 - insolvency--execution of decree--limitation. - john edge, kt., c.j. and blair, j.1. in our opinion section 357 of the code of civil procedure provides a limitation of its own and in substitution for the limitation provided for the execution of decrees by the indian limitation act, 1877. it could not have been the intention of the legislature that when there was no property other than that previously vested in the receiver and exempted from execution, and no property subsequently acquired possibly until eleven years after the discharge of the insolvent, the judgment-creditors, in order to keep their decrees alive, should be obliged to make fruitless applications for execution during the period to which the provisions of section 867 apply. we dismiss this appeal with costs.
Judgment:

John Edge, Kt., C.J. and Blair, J.

1. In our opinion Section 357 of the Code of Civil Procedure provides a limitation of its own and in substitution for the limitation provided for the execution of decrees by the Indian Limitation Act, 1877. It could not have been the intention of the Legislature that when there was no property other than that previously vested in the receiver and exempted from execution, and no property subsequently acquired possibly until eleven years after the discharge of the insolvent, the judgment-creditors, in order to keep their decrees alive, should be obliged to make fruitless applications for execution during the period to which the provisions of Section 867 apply. We dismiss this appeal with costs.


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