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Umade Rajaha Raje Damara Kumara Thimmanayannu Bahadur Varu Vs. Sri Ranga Bhupala Bali Row Garu and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.860
AppellantUmade Rajaha Raje Damara Kumara Thimmanayannu Bahadur Varu
RespondentSri Ranga Bhupala Bali Row Garu and anr.
Excerpt:
civil procedure code (act xiv of 1882), section 325a - transfer of decree to collector for execution--limitation--exemption--court of wards act (mod. i of 1902), section 47. - .....civil court.2. there is nothing in the language of section 47 of the court of wards act to support the competition plot the last clause of section 325a of the code of civil procedure is one made applicable and it would be contrary to the manifest intention of the legislature so to hold.3. the conclusion is right and the appeal is dismissed with.....
Judgment:

1. We do not find it necessary to consider the point dealt with in the lower Court, but think it clear that Section 325 A of the Code of Civil Procedure which is made applicable by Section 47 of the Madras Court of Wards Act, 1902, is sufficient to save limitation. Section 825 A expressly excludes ,from calculation the period during which the decree is before the Collector for execution and the exclusion is obviously made applicable to proceedings for execution in the Civil Court.

2. There is nothing in the language of Section 47 of the Court of Wards Act to support the competition plot the last clause of Section 325A of the Code of Civil Procedure is one made applicable and it would be contrary to the manifest intention of the legislature so to hold.

3. The conclusion is right and the appeal is dismissed with costs.


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