AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
4 paragraphs · 130 wordsRichard Garth, C.J.—We are of opinion that "applying to enforce the decree" in Article 167 means the application (under Section 212, CPC or otherwise) by which proceedings in execution are commenced, and not applications of an incidental kind made during the pendency of such proceedings.
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.
I accept the decision of my learned colleagues as the proper answer to the question put.