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Ram Ratan Chowdhury Vs. Upendra Chandra Das and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1923Cal288,68Ind.Cas.727
AppellantRam Ratan Chowdhury
RespondentUpendra Chandra Das and anr.
Excerpt:
limitation (act ix of 1908), schedule i, article 182 - execution of decree--incompetent appeal by judgment-debtor--limitation, running of, whether suspended. - .....did not begin to run until 28th may 1917, he is clearly in error with regard to this. assuming that limitation did not commence to run until after the 24th june 1915, clearly limitation began to run after that date, as the appeal against the dismissal of the review application was incompetent.2. in the result, the appeal succeeds and we hold that the execution is barred by reason of limitation.3. the appellant is entitled to his costs in this court, bearing fee two gold mohurs.
Judgment:

1. This is an appeal by the judgment debtor against an order in an execution-case. It is argued before us on behalf of the appellant that the execution is barred. The original decree was obtained on the 1st June 1914 and the application for execution was made on the 17th December 19(sic)9. But it appears that against the original decree an application for review was filed on the 24th June 1914 and was not dismissed until 24th June 1915. Against the order of dismissal an appeal was preferred to this Court, which was dismissed on the 28th May 1917. The Court said that no appeal lay against such an order. Now, the learned Judge in the Court below has held that limitation did not begin to run until 28th May 1917, He is clearly in error with regard to this. Assuming that limitation did not commence to run until after the 24th June 1915, clearly limitation began to run after that date, as the appeal against the dismissal of the review application was incompetent.

2. In the result, the appeal succeeds and we hold that the execution is barred by reason of limitation.

3. The appellant is entitled to his costs in this Court, bearing fee two gold mohurs.


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