Skip to content


Ram Chandar Vs. Jai Mal and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in69Ind.Cas.199
AppellantRam Chandar
RespondentJai Mal and ors.
Excerpt:
limitation act (ix of 1903,), schedule i, article 181 - application to prepare final decree for sate--clerical amendment made in preliminary decree--right to apply, accrual of. - .....of the final decree. on objections by the defendants the application was dismissed as being time-barred. it is admitted that article 181 of the schedule to the indian limitation act applies, that is to say, that an application such as this, for the preparation of a final decree, must be made within three years from the time 'when the right to apply accrues.'2. it is argued on behalf of the appellant that the right to apply did not begin until the 28th of april 1917 when the decree was amended. it seems to us that the right: to apply accrued on the 22nd of march 1917 and that inasmuch as this application was made more than three years after that date, it was time barred. in our opinion there was no alteration in the decree. it cannot be said that the decree as amended on the 28th.....
Judgment:

1. The plaintiff obtained a preliminary decree for sells on a mortgage on the 22nd of January, 1917, According to that decree the mortgagors were given time up to the 22nd of March 1917 to pay in the decretal amount. On the 22nd of February, 1917, the plaintiff applied to the Court stating that by a mistake in the office Rs. 2,350.9 0 had been entered in the decree, whereas, according to the judge. man, Rs. 2,456-9-0 should have bean the figure. This application was allowed and the figure Rs. 2,350-9-0 was struck out and Rs. 2,486-9-0 substituted in its plate. This was on the 28th of April 1917., On the 28th of April 1920 the plaintiff applied for preparation of the final decree. On objections by the defendants the application was dismissed as being time-barred. It is admitted that Article 181 of the Schedule to the Indian Limitation Act applies, that is to say, that an application such as this, for the preparation of a final decree, must be made within three years from the time 'when the right to apply accrues.'

2. It is argued on behalf of the appellant that the right to apply did not begin until the 28th of April 1917 when the decree was amended. It seems to us that the right: to apply accrued on the 22nd of March 1917 and that inasmuch as this application was made more than three years after that date, it was time barred. In our opinion there was no alteration in the decree. It cannot be said that the decree as amended on the 28th of April 1917, was a new decree. The mere fact that by a clerical error, a wrong sum had been entered) does not affect the case any more than if by a mistake the name of one of the parties had been misspelt.

3. In our opinion, none of the cases relied on, on either side, in the Court below have any application.

4. The appeal fails and is dismissed with costs including in this Court-fees on the higher sale.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //