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Ramasawmy Iyengar Vs. Chinnathambi Chetty - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in18Ind.Cas.10
AppellantRamasawmy Iyengar
RespondentChinnathambi Chetty
Excerpt:
limitation - mortgage decree--execution--time commences from date of order absolute. - sundara aiyar, j.1. the decree in this case was passed on the 23th march 1907. the order absolute was passed on the 14th october 1907. it has been held by this court in at least two cases, following a decision of the privy council, that limitation in the case of an application for the execution of a decree for sale in a mortgage suit runs only from the date when the decree absolute is passed. it is not shown that the decree was made absolute more than three years before the date when the present application was put in. according to the statement in the order of the lower appellate court, it was passed within that time.2. i dismiss the appeal.
Judgment:

Sundara Aiyar, J.

1. The decree in this case was passed on the 23th March 1907. The order absolute was passed on the 14th October 1907. It has been held by this Court in at least two cases, following a decision of the Privy Council, that limitation in the case of an application for the execution of a decree for sale in a mortgage suit runs only from the date when the decree absolute is passed. It is not shown that the decree was made absolute more than three years before the date when the present application was put in. According to the statement in the order of the lower Appellate Court, it was passed within that time.

2. I dismiss the appeal.


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