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Raja Kumara Venkata Perumal Raju Bahadurvaru Rajah of Karvetngar, Minor by Guardian W.A. Vardachariar Vs. Audikesavalu Reddi and ors - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Reported in17Ind.Cas.759; (1912)23MLJ675
AppellantRaja Kumara Venkata Perumal Raju Bahadurvaru Rajah of Karvetngar, Minor by Guardian W.A. Vardacharia
RespondentAudikesavalu Reddi and ors
Cases ReferredHusain v. Gaur Sahai I.L.R.
Excerpt:
- 1. the decree in plaintiff's favour was made absolute only on the 1st march 1899. the present application was put in within 12 years from that date. according to the decision of the privy council in ash fag husain v. gaur sahai i.l.r. (1910) a. 264 limitation for the execution cf a decree for sale in a suit on a mortgage, would run only from the date when the first decree or decree nisi for sale is made absolute. this view was adopted by this court in c.m.s.a. 86 of 1910. the application is therefore not barred. according to the terms of the decree the plaintiff is entitled to proceed in execution against'other properties of the judgment-debtor.2. we dismiss the appeal with costs.
Judgment:

1. The decree in plaintiff's favour was made absolute only on the 1st March 1899. The present application was put in within 12 years from that date. According to the decision of the Privy Council in Ash fag Husain v. Gaur Sahai I.L.R. (1910) A. 264 limitation for the execution cf a decree for sale in a suit on a mortgage, would run only from the date when the first decree or decree nisi for sale is made absolute. This view was adopted by this Court in C.M.S.A. 86 of 1910. The application is therefore not barred. According to the terms of the decree the plaintiff is entitled to proceed in execution against'Other properties of the judgment-debtor.

2. We dismiss the appeal with costs.


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