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Sekharipuram Gramom Krishna Aiyar Vs. Namiassan Veetil Mayankutti and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1922Mad30; 70Ind.Cas.80
AppellantSekharipuram Gramom Krishna Aiyar
RespondentNamiassan Veetil Mayankutti and anr.
Cases ReferredSee Vijiaraghavalu Naidu v. Srinivasalu Naidu
Excerpt:
limitation act (ix of 1908), schedule i, article 182 - step-in-aid of execution--application to deposit costs for sending judgment-debtor to civil jail, whether step-in-aid. - .....railway fare and the cost of meals for sending the judgment-debtor to the civil jail. sending a debtor to jail is certainly taking a step-in-aid of execution, as it is intended to put pressure on the debtor to pay. now, an application to do such a thing seems to me to be an application falling within article 182 of the limitation act and gives a fresh starting point for limitation. in a somewhat similar case a 'batta' application to pay money into court to get a sale proclamation issued was considered by the high court to be an application to take a step-in-aid of execution. see vijiaraghavalu naidu v. srinivasalu naidu 28 m. 399.2. it is argued for the respondent that there no necessity to make an application to commit an arrested debtor to jail and that it is sufficient to pay the.....
Judgment:

Krishnan, J.

1. The lower Court has dismissed the decree-holder's execution-petition as barred by limitation. But it is pointed out by his learned Vakil that his application is within three years from the date of his written application to the Court to receive the Railway fare and the cost of meals for sending the judgment-debtor to the Civil Jail. Sending a debtor to Jail is certainly taking a step-in-aid of execution, as it is intended to put pressure on the debtor to pay. Now, an application to do such a thing seems to me to be an application falling within Article 182 of the Limitation Act and gives a fresh starting point for limitation. In a somewhat similar case a 'batta' application to pay money into Court to get a sale proclamation issued was considered by the High Court to be an application to take a step-in-aid of execution. See Vijiaraghavalu Naidu v. Srinivasalu Naidu 28 M. 399.

2. It is argued for the respondent that there no necessity to make an application to commit an arrested debtor to Jail and that it is sufficient to pay the subsistence money, into Court for the purpose, and that, therefore, the application to commit was a surplusage and should not be considered as an application for the purpose of Article 182. No authority has been cited in support of this contention. The Article does not say anything about necessary application and we cannot, therefore, introduce such a notion into it. If an application, written or oral, has been-made asking the Court to take some step-in-aid of execution, it forms a starting point under the Article.

3. The execution application in the present casa was not, therefore, barred by limitation. The order pf the lower Court is set asedi and the execution application remanded to it for fresh disposal according to law, with costs, to be disposed of by the lower Court.


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