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Rajaruthna Kavundan Vs. Doraisami Kavundan and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1134
AppellantRajaruthna Kavundan
RespondentDoraisami Kavundan and ors.
Excerpt:
limitation act (xv of 1877), article 179(4) - step-in-aid of execution of decree--application re-submitted after correction under order of court. - 1. the application of the 2nd february 1904 was returned for amendment and return in 7 days. on the 4th march, the application was re-submitted after correction. the question is whether the re-submission amounts to an application to the court to take a step-in-aid of execution under article 179(4) of the second schedule of the limitation act. we are clear that it does not. all that the applicant did on the 4th march, was to comply with an order of the court. this is very different from making an application to the court to do something towards the execution of the decree. the application is dismissed with costs.
Judgment:

1. The application of the 2nd February 1904 was returned for amendment and return in 7 days. On the 4th March, the application was re-submitted after correction. The question is whether the re-submission amounts to an application to the Court to take a step-in-aid of execution under Article 179(4) of the second Schedule of the Limitation Act. We are clear that it does not. All that the applicant did on the 4th March, was to comply with an order of the Court. This is very different from making an application to the Court to do something towards the execution of the decree. The application is dismissed with costs.


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