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Dharanamma Vs. Subba and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation;Civil
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad306
AppellantDharanamma
RespondentSubba and ors.
Excerpt:
limitation act, schedule ii, article 179, clause 4 - execution of decree--step in aid of. - .....stated that, if a sufficient sum was not realized, he would pay the balance. the decree-holder's vakil concurred in the application that i and ii should be first sold, but he insisted that iv should also be first sold, and that, if by the sale of i, ii, and iv the amount realized was insufficient, the whole of no. iii should be sold and the court made the order accordingly. we are of opinion that the act of the vakil was a sufficient application to the court to take a step in aid of execution. he concurred in asking the court to give directions as to the order in which the lots should be sold, and he asked for an order that a lot reserved should subsequently be sold in its entirety and not partially. we reverse the order of the district court and restore that of the munsif with costs.....
Judgment:

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

1. Several properties had been attached and their sale ordered when the judgment-debtor represented to the Court that a portion of one of them, No. III, was an endowment, and he prayed that the other properties I, II, and V, and the other part of III might be sold first, and stated that, if a sufficient sum was not realized, he would pay the balance. The decree-holder's vakil concurred in the application that I and II should be first sold, but he insisted that IV should also be first sold, and that, if by the sale of I, II, and IV the amount realized was insufficient, the whole of No. III should be sold and the Court made the order accordingly. We are of opinion that the act of the vakil was a sufficient application to the Court to take a step in aid of execution. He concurred in asking the Court to give directions as to the order in which the lots should be sold, and he asked for an order that a lot reserved should subsequently be sold in its entirety and not partially. We reverse the order of the District Court and restore that of the Munsif with costs throughout.


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