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Poorno Chunder Coondoo Vs. Prosonno Coomar Sikdar and anr. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtKolkata
Decided On
Judge
Reported in(1877)ILR2Cal123
AppellantPoorno Chunder Coondoo
RespondentProsonno Coomar Sikdar and anr.
Cases ReferredShib Chunder Bhadoree v. Luckhee Debia Chowdhrain
Excerpt:
limitation - act ix of 1871, scheduled ii, clause 157--execution of ex parts decree. - pontifex, j.1. i have very little doubt that process of execution means actual process by attachment in execution of the judgment-debtor's person or property. the case of obhoychurn dutt v. mudoosudan chowdhry 5 wym. 172 is opposed to this: but i prefer the decision in shib chunder bhadoree v. luckhee debia chowdhrain 6 w.r. mis. 51. in my opinion mere notice of execution is not sufficient process for enforcing the decree.
Judgment:

Pontifex, J.

1. I have very little doubt that process of execution means actual process by attachment in execution of the judgment-debtor's person or property. The case of Obhoychurn Dutt v. Mudoosudan Chowdhry 5 Wym. 172 is opposed to this: but I prefer the decision in Shib Chunder Bhadoree v. Luckhee Debia Chowdhrain 6 W.R. Mis. 51. In my opinion mere notice of execution is not sufficient process for enforcing the decree.


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