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Chunder Coomar Roy and ors. Vs. Bhogobutty Prosonno Roy and anr. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtKolkata
Decided On
Judge
Reported in(1878)ILR3Cal236
AppellantChunder Coomar Roy and ors.
RespondentBhogobutty Prosonno Roy and anr.
Excerpt:
limitation act (ix of 1871), sched.ii, schedule ii, article 167 - 'applying to enforce the decree'--application 'to keep the decree in force'--act viii of 1859, section 212. - richard garth, c.j.1. we are of opinion that 'applying to enforce the decree' in article 167 means the application (under section 212, code of civil procedure or otherwise) by which proceedings in execution are commenced, and not applications of an incidental kind made during the pendency of such proceedings.2. but we also think that some meaning must be given to the alternative expression 'keep in force' occurring in the same article, and that consequently in cases governed by act ix of 1871, a decree-holder who has applied to the court simpliciter 'to keep the decree in force' may, within three years from the date of such last named application, obtain execution of his decree.ainslie, j.3. i accept the decision of my learned colleagues as the proper answer to the question put.
Judgment:

Richard Garth, C.J.

1. We are of opinion that 'applying to enforce the decree' in Article 167 means the application (under Section 212, Code of Civil Procedure or otherwise) by which proceedings in execution are commenced, and not applications of an incidental kind made during the pendency of such proceedings.

2. But we also think that some meaning must be given to the alternative expression 'keep in force' occurring in the same article, and that consequently in cases governed by Act IX of 1871, a decree-holder who has applied to the Court simpliciter 'to keep the decree in force' may, within three years from the date of such last named application, obtain execution of his decree.

Ainslie, J.

3. I accept the decision of my learned colleagues as the proper answer to the question put.


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