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Lalman vs Gopi Nath

High Court Of Judicature at Allahabad|18 December, 1896

JUDGMENT / ORDER

JUDGMENT John Edge, Kt., C.J. and Blair, J.
1. In our opinion Section 357 of the Code of Civil Procedure provides a limitation of its own and in substitution for the limitation provided for the execution of decrees by the Indian Limitation Act, 1877. It could not have been the intention of the Legislature that when there was no property other than that previously vested in the receiver and exempted from execution, and no property subsequently acquired possibly until eleven years after the discharge of the insolvent, the judgment-creditors, in order to keep their decrees alive, should be obliged to make fruitless applications for execution during the period to which the provisions of Section 867 apply. We dismiss this appeal with costs.
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Title

Lalman vs Gopi Nath

Court

High Court Of Judicature at Allahabad

JudgmentDate
18 December, 1896
Judges
  • J Edge
  • Kt
  • Blair