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Suppa Reddiar Vs. Avudai Ammal - Court Judgment

LegalCrystal Citation
SubjectLimitation;Civil
CourtChennai
Decided On
Reported in(1904)14MLJ401
AppellantSuppa Reddiar
RespondentAvudai Ammal
Cases ReferredNarayana Nambi v. Pappy Brahmani I.L.R. M.
Excerpt:
- 1. we think that the application in this case should be treated not as an application for execution, but as an application to revive or continue an application for execution that had been wrongly dismissed as a competent court has declared. the article applicable is therefore 178 of the second schedule of the limitation act and time began to run from the date of the appellate decree declaring the respondent's right to execute, which was the 20th february 1901. this application was therefore in time we follow the decisions of the other high courts cited in the order of reference and overrule the decision in narayana nambi v. pappy brahmani i.l.r. m. 22. our answer to the reference is in the negative.
Judgment:

1. We think that the application in this case should be treated not as an application for execution, but as an application to revive or continue an application for execution that had been wrongly dismissed as a competent Court has declared. The Article applicable is therefore 178 of the second Schedule of the Limitation Act and time began to run from the date of the appellate decree declaring the respondent's right to execute, which was the 20th February 1901. This application was therefore in time We follow the decisions of the other High Courts cited in the order of reference and overrule the decision in Narayana Nambi v. Pappy Brahmani I.L.R. M. 22. Our answer to the reference is in the negative.


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