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Peria Kovil Kalavi Appan Sadagopa Rananuja Periya Jeeyangar by His Authorised Agent K. Venkatachariar Vs. Lakshmi Doss - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1906)16MLJ393
AppellantPeria Kovil Kalavi Appan Sadagopa Rananuja Periya Jeeyangar by His Authorised Agent K. Venkatachari
RespondentLakshmi Doss
Excerpt:
- charles arnold white, kt., c.j.1. we are unable to agree with the view taken by the judges of the bombay high court in the bombay cases mentioned in the order of reference. we are of opinion that when a second appeal is preferred and an order is made the court to which the appeal is preferred which has the effect of finally disposing of the appeal, time runs from the date of that order and not from the date of the decree against which the appeal has been preferred.2. our answer to the question referred to us therefore is that the application for execution was not time-barred.
Judgment:

Charles Arnold White, Kt., C.J.

1. We are unable to agree with the view taken by the Judges of the Bombay High Court in the Bombay cases mentioned in the order of reference. We are of opinion that when a second appeal is preferred and an order is made the Court to which the appeal is preferred which has the effect of finally disposing of the appeal, time runs from the date of that order and not from the date of the decree against which the appeal has been preferred.

2. Our answer to the question referred to us therefore is that the application for execution was not time-barred.


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