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Desireddi Yellamander Vs. Sekhakolli Chinna Pitchaiah - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1915Mad314; 25Ind.Cas.58
AppellantDesireddi Yellamander
RespondentSekhakolli Chinna Pitchaiah
Cases ReferredTroylokya Nath Bose v. Jyoti Prokash Nandi
Excerpt:
limitation act (ix of 1908), schedule i, article 182 - 'step-in-aid of execution'--application for continuance of sale. - 1. both courts have found that the decree-holder applied for the continuance of the sale in order to secure the attendance of more bidders, and that his application was in aid of execution. their decisions on this finding in respondent's favour are justified by troylokya nath bose v. jyoti prokash nandi 30 ca. 761 : 8 c.w.n. 251.' the courts have always placed a wide construction on the words 'step-in-aid of execution' in article 182, schedule i, of the limitation act and we are not prepared to dissent from this conclusion. the appeal against the appellate order is dismissed with costs.
Judgment:

1. Both Courts have found that the decree-holder applied for the continuance of the sale in order to secure the attendance of more bidders, and that his application was in aid of execution. Their decisions on this finding in respondent's favour are justified by Troylokya Nath Bose v. Jyoti Prokash Nandi 30 CA. 761 : 8 C.W.N. 251.' The Courts have always placed a wide construction on the words 'step-in-aid of execution' in Article 182, Schedule I, of the Limitation Act and we are not prepared to dissent from this conclusion. The appeal against the appellate order is dismissed with costs.


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