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Venkatachallam Chetty Vs. Veerappa Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1906)ILR29Mad314
AppellantVenkatachallam Chetty
RespondentVeerappa Pillai and ors.
Excerpt:
civil procedure code - act xiv of 1882, section 260--decree for perpetual injunction execution of--limitation act xv of 1877, schedule 11, article 178--application in time if within three years of breach complained of--court executing decree, powers of--cannot go behind decree. - - its terms are perfectly dear, and that being so, it was the duty of the subordinate judge, as an executing court, to give effect to the terms of the decree without attempting to read into it limitations gathered from a reference to the records of the suit in which the decree was passed......order cannot be supported. when a perpetual injunction has been granted, on each successive breach the decree may be enforced under section 260, civil procedure code, by the imprisonment of the person against whom the decree has been made, and by the attachment of his property and we think that an application to enforce it must be made under article 178 of schedule ii of the limitation act within three years of the date of the particular breach of it which is the occasion for e application. but it cannot be that the decree-holder is obliged to take action in regard to every petty infringement of the injunction on pain of allowing the injunction to become altogether inoperative after three years from the date of the first petty breach. it might not be at all worth the while of the.....
Judgment:

1. The District Judge's order cannot be supported. When a perpetual injunction has been granted, on each successive breach the decree may be enforced under Section 260, Civil Procedure Code, by the imprisonment of the person against whom the decree has been made, and by the attachment of his property and we think that an application to enforce it must be made under Article 178 of Schedule II of the Limitation Act within three years of the date of the particular breach of it which is the occasion for e application. But it cannot be that the decree-holder is obliged to take action in regard to every petty infringement of the injunction on pain of allowing the injunction to become altogether inoperative after three years from the date of the first petty breach. It might not be at all worth the while of the decree-holder to enforce his rights by legal proceedings on each petty breach, as for instance in this case, if a few leaves had been removed from the forest, but there is no reason why this forbearance should deprive him altogether of the fruits of the decree if a serious infringement of it were afterwards made. In the present case the decree-holder in his application referred to the channel being newly cut, and the Commissioner regarded the new cuttings as having been made about one and-a-half year prior to the application. The District Judge did not refer to the date of there, but finding that there had been some infringement so far back as 1897 held that the execution of the decree was barred by Article 178. This view as we have said cannot be sustained. We must also point out that the Subordinate Judge was wrong in going behind the terms of the decree. Its terms are perfectly dear, and that being so, it was the duty of the Subordinate Judge, as an executing Court, to give effect to the terms of the decree without attempting to read into it limitations gathered from a reference to the records of the suit in which the decree was passed.

2. We set aside the decrees of the Courts below and remand the application to the Subordinate Judge who should determine whether there was any infringement of the injunction granted in the decree, and, if so, whether it was within three years prior to the application. If it was, he should proceed to deal with the application in accordance with Section 260, Civil Procedure Code. Fresh evidence may be taken.

3. Costs in this and in the lower Appellate Court will abide and follow the result.


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