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Thakur Das Vs. Shadilal - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtAllahabad High Court
Decided On
Judge
Reported in(1886)ILR8All56
AppellantThakur Das
RespondentShadilal
Excerpt:
execution of decree - decree prohibiting execution till the expiration of a certain period--limitation--act xv of 1877 (limitation act), schedule ii, nos.178, 179. - brodhurst and tyreell, j.1. the courts below were wrong in applying the provisions of article 179, schedule ii of the limitation act to this case. the decree made on the 8th december 1881, provided expressly that the decree-holder might not apply for its execution till after expiry of four months from that date, that is to say, till after the 8th of april 1882. therefore the limitation of article 178 applies to the case before us. the decree-holder has three years from the date when the right to ask for execution accrued to him. his application of the 17th february 1885, being within three years from the 8th april, 1882, is not barred. the appeal is decreed with costs.
Judgment:

Brodhurst and Tyreell, J.

1. The Courts below were wrong in applying the provisions of Article 179, Schedule ii of the Limitation Act to this case. The decree made on the 8th December 1881, provided expressly that the decree-holder might not apply for its execution till after expiry of four months from that date, that is to say, till after the 8th of April 1882. Therefore the limitation of Article 178 applies to the case before us. The decree-holder has three years from the date when the right to ask for execution accrued to him. His application of the 17th February 1885, being within three years from the 8th April, 1882, is not barred. The appeal is decreed with costs.


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