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Venkata Jogayya Vs. Venkatasimhadri Jagapatirazu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad25
AppellantVenkata Jogayya
RespondentVenkatasimhadri Jagapatirazu
Cases Referred and Daya Kishan v. Nanhi Begam I.L.R.
Excerpt:
civil procedure code - act xiv of 1882, section 206--limitation act--act xv of 1877. schedule ii, article 179(3). - .....or completion of the judgment and the amendment made was, therefore, substantially an amendment made on review of judgment, and article 179, clause (3), of the second schedule of the limitation act strictly applies. the cases of kali prosanno basu roy v. lal mohun guha roy i.l.r. 25 calc. 258 and daya kishan v. nanhi begam i.l.r. 20 all. 304 were cases where the decree differed from what appeared on the face of he judgment. as this is not a similar case, it is unnecessary for us to express any opinion on the contrary decisions arrived at in those cases. we dismiss the second appeal with costs.
Judgment:

1. The amendment of the decree related to the actual amount of costs, which was not settled in the judgment, but which, under the second paragraph of Section 206 of the Code of Civil Procedure, had as usual to be determined subsequent to judgment for entry in the decree. An order passed by the Court determining such amount must be treated as a continuation or completion of the judgment and the amendment made was, therefore, substantially an amendment made on review of judgment, and Article 179, Clause (3), of the second schedule of the Limitation Act strictly applies. The cases of Kali Prosanno Basu Roy v. Lal Mohun Guha Roy I.L.R. 25 Calc. 258 and Daya Kishan v. Nanhi Begam I.L.R. 20 All. 304 were cases where the decree differed from what appeared on the face of he judgment. As this is not a similar case, it is unnecessary for us to express any opinion on the contrary decisions arrived at in those cases. We dismiss the second appeal with costs.


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