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

LegalCrystal Citation
SubjectCivil;Limitation
CourtAllahabad
Decided On
Judge
Reported in48Ind.Cas.38
AppellantTamiz-un-nissa Bibi and anr.
RespondentNajju and anr.
Excerpt:
limitation act (ix of 1908), schedule i, article 182(5) - execution of decree--application to reject objections against execution of decree, whether step-in-aid of execution. - 1. this is a judgment-debtor's 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 and is dismissed with posts.
Judgment:

1. This is a judgment-debtor's 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 and is dismissed with posts.


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