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B. Tata Charlu Vs. Konadala Ramachandra Reddi - Court Judgment

LegalCrystal Citation
SubjectLimitation;Civil
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad152
AppellantB. Tata Charlu
RespondentKonadala Ramachandra Reddi
Excerpt:
civil procedure code, section 210 - time granted to debtor--decree not altered--limitation. - charles a. turner, kt., c.j.1. an order under section 210 alters the decree, and the decree can be executed only subject to such alteration.2. the decree-holder might have objected to the order for the payment of the amount decreed in a lump sum, but he was silent and the order is not a nullity, because the alteration merely postponed the period of payment.3. the judge has rightly held the application was within time. the appeal is dismissed with costs.
Judgment:

Charles A. Turner, Kt., C.J.

1. An order under Section 210 alters the decree, and the decree can be executed only subject to such alteration.

2. The decree-holder might have objected to the order for the payment of the amount decreed in a lump sum, but he was silent and the order is not a nullity, because the alteration merely postponed the period of payment.

3. The Judge has rightly held the application was within time. The appeal is dismissed with costs.


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