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Ramanadan Chetti Vs. Periatambi Shervai and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad250
AppellantRamanadan Chetti
RespondentPeriatambi Shervai and anr.
Excerpt:
decree - execution--limitation act, schedule ii, article 179, clause 4. - innes and kernan, jj.1. we are of opinion that the application of 1879, although not complying in every particular with the requirements of section 235 of the civil procedure code, was substantially an application made in accordance with law, and that, although it was returned for amendment and nothing further was done upon it, the application gives a fresh starting point from the date of its presentation. the present application is in time.
Judgment:

Innes and Kernan, JJ.

1. We are of opinion that the application of 1879, although not complying in every particular with the requirements of Section 235 of the Civil Procedure Code, was substantially an application made in accordance with law, and that, although it was returned for amendment and nothing further was done upon it, the application gives a fresh starting point from the date of its presentation. The present application is in time.


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