Shib Dat Vs. Kalka Prasad

Shib Dat vs Kalka Prasad

Type Court Judgment Court Allahabad Decided Dec 31, 1969

~1 min read

https://sooperkanoon.com/case/456244

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/456244
Court: Allahabad High Court
Judge: Spankie and ;Straight, JJ.
Decided On: Dec 31, 1969
Subject: Civil;Limitation

Case Summary

AI-generated summary - not the official court judgment text.

Decree for money payable by instalments - Execution of decree--Act XV of 1879 (Limitation Act), s.19--Acknowledgment--Limitation. -

Key legal issue: Civil;Limitation

Parties & Advocates

Appellant / Petitioner

Shib Dat

Respondent

Kalka Prasad

Legal References

Reported In: (1880)ILR2All443

Excerpt

decree for money payable by instalments - execution of decree--act xv of 1879 (limitation act), s.19--acknowledgment--limitation. - spankie, j.1. in my opinion the decree-holder was bound strictly by the terms of the decree. when the first default occurred, under the wording of the decree, he was bound to execute it in one lump. the instalment arrangement then ceased. if the decree-holder chose to continue to receive instalments, he did so at his own risk. when the acknowledgment of the balance due was made, it seems to me that the decree was already dead, and could no longer be executed. though the cases cited kristo komal singh v. huree sardar 13 w.r. f.b.44; and hira lal mookerji v. roy dhampat singh 24 w.r. 282 may not be strictly in point, the principle upon which they proceed applies to this case. i would decree the appeal and reverse the order of the court below with costs.

Full Judgment

Spankie, J.

1. In my opinion the decree-holder was bound strictly by the terms of the decree. When the first default occurred, under the wording of the decree, he was bound to execute it in one lump. The instalment arrangement then ceased. If the decree-holder chose to continue to receive instalments, he did so at his own risk. When the acknowledgment of the balance due was made, it seems to me that the decree was already dead, and could no longer be executed. Though the cases cited Kristo Komal Singh v. Huree Sardar 13 W.R. F.B.44; and Hira Lal Mookerji v. Roy Dhampat Singh 24 W.R. 282 may not be strictly in point, the principle upon which they proceed applies to this case. I would decree the appeal and reverse the order of the Court below with costs.

Same Parties Shib Dat vs Kalka Prasad Same Subject Civil;Limitation Same Judge Spankie and ;Straight, JJ.

Civil;Limitation