High Courts(1904) 09 MAD CK 0003

Suppa Reddiar vs Avudai Ammal

Madras High Court · Decided on 20 September 1904 · Citation: (1904) 14 MLJ 401

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Judgment

5 paragraphs · 122 words
1.

We think that the application in this case should be treated not as an application for execution, but as an application to revive or continue an

application for execution that had been wrongly dismissed as a competent Court has declared. The Article applicable is therefore 178 of the

second Schedule of the Limitation Act and time began to run from the date of the appellate decree declaring the respondent''s right to execute,

which was the 20th February 1901. This application was therefore in time We follow the decisions of the other High Courts cited in the order of

reference and overrule the decision in Narayana Nambi v. Pappy Brahmani ILR M. 22. Our answer to the reference is in the negative.