Rama Rau Vs. Venkatesa Bhandari - Court Judgment

Excerpt:
limitation act, 1877 section 19 - application to execute decree not within. - - 1. it would be productive of the greatest inconvenience (if it indeed were possible) to apply the provisions of section 19 of the limitation act of 1877 to applications made in the course of suits or proceedings, and, if the terms of the section can be otherwise satisfied, we are at liberty to construe them so as to avoid such inconvenience.charles a. turner, kt., c.j.1. it would be productive of the greatest inconvenience (if it indeed were possible) to apply the provisions of section 19 of the limitation act of 1877 to applications made in the course of suits or proceedings, and, if the terms of the section can be otherwise satisfied, we are at liberty to construe them so as to avoid such inconvenience. there are numerous applications known to the law which would be correctly described as applications in respect of a property or right in the sense we have indicated--proceedings where a party seeks the aid of a court to give him relief in respect of some property or right otherwise than by regular suit. of these, the acts regulating the rights of landlord and tenant in the north-western provinces and generally in bengal.....