High CourtsDivision Bench(1895) 09 MAD CK 0016

Barrow vs Javerchund Sett

Madras High Court · Decided on 17 September 1895 · Citation: (1896) ILR (Mad) 67

HON’BLE JUDGES
Shephard, J · Best, J

AI Structured Summary

Not yet generated for this judgment

Judgment

2 paragraphs · 94 words
1.

Even if the period during which the application was pending in the Madras Court of Small Causes should be excluded u/s 14 of the Limitation Act, the application of 26th February 1889, being one for sanctioning the agreement to give time for payment, and not for execution of the decree, was clearly not a step in aid of execution; the subsequent application is, therefore, barred.

2.

We must, therefore, allow this appeal and restore the order of the Subordinate Judge. Under the circumstances, we make no order as to costs of this appeal.