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Abdul Karim Sahib of V. Khadir HussaIn Sahib and Co. and ors. Vs. Timmaraya Chetty - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1914Mad117(2); 24Ind.Cas.512
AppellantAbdul Karim Sahib of V. Khadir HussaIn Sahib and Co. and ors.
RespondentTimmaraya Chetty
Cases ReferredMuttia v. Appasami
Excerpt:
civil procedure code (act v of 1908), order xxi, rules 95, 97 - limitation act (ix of 1908), schedule ii, article 167--failure to complain of obstruction within thirty days--fresh application, for possession, whether barred. - 1. the failure of the decree-holder-purchaser to take proceedings under order xxi, rule 97, of the code of civil procedure within the time limited by article 167 of the limitation act does not prevent him for putting in a fresh application for delivery of possession under order xxi, rule 95. muttia v. appasami 13 m. 504.2. this appeal is dismissed with costs.
Judgment:

1. The failure of the decree-holder-purchaser to take proceedings under Order XXI, Rule 97, of the Code of Civil Procedure within the time limited by Article 167 of the Limitation Act does not prevent him for putting in a fresh application for delivery of possession under Order XXI, Rule 95. Muttia v. Appasami 13 M. 504.

2. This appeal is dismissed with costs.


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