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Fazal Imam and ors. Vs. Metta Singh - Court Judgment

LegalCrystal Citation
SubjectCivil;Limitation
CourtKolkata
Decided On
Judge
Reported in(1884)ILR10Cal549
AppellantFazal Imam and ors.
RespondentMetta Singh
Cases ReferredHem Chunder Chowdhry v. Brojo Soondury Debee I.L.R.
Excerpt:
decree - execution--step in aid of execution--limitation--limitation act xv of 1877, schedule ii, article 179, clause 4. - .....of hem chunder chowdhry v. brojo soondury debee i.l.r. 8 cal. 89. we have examined both these rulings, and we find that the one of our court is exactly in point. no doubt in the madras case it was given as an additional reason over and above the one on which the decision mainly rested, that such an application as this was an application which came within the purview of the words 'an application to take some step in aid of execution.' we are of opinion that no reason has been placed before us that would warrant us in not following the ruling of our court.2. we therefore dismiss this appeal with costs.
Judgment:

Mitter, J.

1. The lower Courts in this case have held that the decree-holders right to execute the decree is barred by limitation. It is contended before us that this decision is wrong, because the present application, which is dated 1st March 1883, is within three years from the date of another application, dated 5th August 1880 made by the judgment-creditor in order to draw out the sale proceeds realised by the sale of certain properties of the judgment-debtor in a previous execution. In support of this contention our attention has been called to the decision in Venkatarayalu v. Narasimha I.L.R. 2 Mad. 174. The lower Courts have decided this case on the strength of a ruling of this Court in the case of Hem Chunder Chowdhry v. Brojo Soondury Debee I.L.R. 8 Cal. 89. We have examined both these rulings, and we find that the one of our Court is exactly in point. No doubt in the Madras case it was given as an additional reason over and above the one on which the decision mainly rested, that such an application as this was an application which came within the purview of the words 'an application to take some step in aid of execution.' We are of opinion that no reason has been placed before us that would warrant us in not following the ruling of our Court.

2. We therefore dismiss this appeal with costs.


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