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Puthia Veetil MohidIn Vs. Irakkat Karnavan Raman Nayar (Dead) and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in60Ind.Cas.117
AppellantPuthia Veetil Mohidin
Respondentirakkat Karnavan Raman Nayar (Dead) and ors.
Excerpt:
limitation act (ix of 1908), schedule i, article 182(5) - execution of decree--application for copy of decree, whether step--in--aid of execution. - 1. the only question is, whether a decree holder can plead his application for copy of decree as an application to the court 'to take some step-in-aid of execution.' we agree with the district judge that it cannot be so treated. there is no necessary connection between obtaining a copy and utilising it for the purpose of execution, and we do not think that it can be said that the court in granting the copy takes any step-in aid of execution. this appeal is dismissed
Judgment:

1. The only question is, whether a decree holder can plead his application for copy of decree as an application to the Court 'to take some step-in-aid of execution.' We agree with the District Judge that it cannot be so treated. There is no necessary connection between obtaining a copy and utilising it for the purpose of execution, and we do not think that it can be said that the Court in granting the copy takes any step-in aid of execution. This appeal is dismissed


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