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Kaveri Vs. Venkamma - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1891)ILR14Mad396
AppellantKaveri
RespondentVenkamma
Cases ReferredYusuf v. Sirdar I.L.R.
Excerpt:
limitation act - act xv of 1877, schedule ii, article 179, clause 6 - decree for periodical payments. - .....for the execution of a decree or | three years; | 1. the date of the decree or order, or order of any civil court not pro- | or where a certi | 2. (where there has been an appeal) vided for by no. 180 or by the | fied copy of the | the date of the final decree or order of code of civil procedure, section | decree or order | the appellate court, or 230. | has been regis- | 3. (where there has been a review | tered, six years. | or judgment) the date of limitation | | passed on the review, or | | 4. (where the application next here- | | inafter mentioned has boon made) the | | date of applying in accordance with law | | to the proper court for execution or to | | take some step in and of execution, of | | the decree or order, or | | 5. (where.....
Judgment:

1. From the reported cases Sabhanatha v. Lakshmi I.L.R. 7 Mad. 80, Yusuf v. Sirdar I.L.R. 7 Mad. 83 it appears to us that what has to be determined is whether the sum is payable by an ascertained date. This is a question purely of construction. Although a decree may not in express terms fix a specified date, yet if it can be gathered from the decree as a whole that payment is directed to be made on dates or at periods which are sufficiently indicated by the terms of the decree, the requirements of Article 179,

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[Article 179:

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Description of application. | Period of | Time from which period begins

| limitation. | to run.

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For the execution of a decree or | Three years; | 1. The date of the decree or order, or

order of any Civil Court not pro- | or where a certi | 2. (where there has been an appeal)

vided for by No. 180 or by the | fied copy of the | the date of the final decree or order of

Code of Civil Procedure, Section | decree or order | the Appellate Court, or

230. | has been regis- | 3. (where there has been a review

| tered, six years. | or judgment) the date of limitation

| | passed on the review, or

| | 4. (where the application next here-

| | inafter mentioned has boon made) the

| | date of applying in accordance with law

| | to the proper Court for execution or to

| | take some step in and of execution, of

| | the decree or order, or

| | 5. (where the notice next herein-

| | after mentioned has been issued) the

| | date of issuing a notice under the Code

| | of Civil Procedure, Section 268, or

| | 6. (where the application is to enforce

| | any payment which the decree or order

| | directs to be made at a specified date)

| | the date so specified.

| | Explanation I.--Where the decree

| | or order has been passed severally in

| | favour of more persons than one, dis-

| | tinguishing portions of the subject-

| | matter as payable or deliverable to each

| | the application mentioned in Clause 4

| | of this number shall take effect in fa-

| | vour only of such of the said persons

| | or their representatives as it may be

| | made by. But when the decree or or-

| | der has been passed jointly in favour

| | of more persons than one, such appli-

| | cation, if made by any one or more of

| | them or by his or their representatives,

| | shall take effect in favour of them all.

| | Where the decree or order has been

| | passed severally against more persons

| | than one, distinguishing portions of the

| | subject-matter as payable or deliverable

| | by each the application shall take effect

| | against only such of the said persons

| | or their representatives as it may be

| | made against.

| | But where the decree or order has been

| | passed jointly against more persons

| | than one, the application, if made

| | against any one or more of them, or

| | against his or their representatives shall

| | take effect against them all.

| | Explanation II.--'Proper Court'

| | means the Court whose duty it is (wheth-

| | er under Section 226 or 227 of the

| | Code of Civil Procedure or otherwise)

| | to execute the decree or order.]

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2. In this view we see no ground for admitting the appeal and we accordingly reject it.


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