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Ravur Munisami Naidu and ors. Vs. Pandala Muthial Naidu and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in33Ind.Cas.79
AppellantRavur Munisami Naidu and ors.
RespondentPandala Muthial Naidu and ors.
Cases ReferredFollowing Abdul Kadir Rowther v. Krishna Malamal Nair
Excerpt:
limitation act (ix of 1908), schedule i, article. 182 - application for adjournment--step-in-aid of execution. - t.n. district police act, 1859 [act no. 24/1859]. section 10 & tamil nadu special police subordinate service rules, rule 14(b), clause (iv) explanation (1); [a.p. shah,c.j., f.m. ibrajhim kalifulla & v. ramasubramanian, jj] rule 14(b),ci.(iv) explanation (1) providing that a person acquitted or discharged on benefit of doubt shall be treated as person involved in criminal case - validity being questioned - held, the impugned rule 14(b) ci.(iv) explanation (1) has been issued in exercise of the power conferred upon the government under the tamil nadu district police act, the criminal city police act and the proviso to article 309 of the constitution., the rule is not assailed on.....1. following abdul kadir rowther v. krishna malamal nair 23 ind. cas. 533 : (1914) m.w.n. 563 : 26 m.l.j. 433, we hold that the application for adjournment dated 25th october 1910 (which application was evidently for obtaining encumbrance certificate and filing draft proclamation) was a step-in-aid of execution and the present petition of 9th october 1913 is, therefore, not barred.2. we set aside the order of the district judge and direct him to dispose of the execution petition according to law. costs will abide the result.
Judgment:

1. Following Abdul Kadir Rowther v. Krishna Malamal Nair 23 Ind. Cas. 533 : (1914) M.W.N. 563 : 26 M.L.J. 433, we hold that the application for adjournment dated 25th October 1910 (which application was evidently for obtaining encumbrance certificate and filing draft proclamation) was a step-in-aid of execution and the present petition of 9th October 1913 is, therefore, not barred.

2. We set aside the order of the District Judge and direct him to dispose of the execution petition according to law. Costs will abide the result.


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