Chennai Court July 1911 Judgments

Madan Mohun Dey Vs. Ganga Chandra Roy and anr.

Court: Chennai

Reported in: 13Ind.Cas.189

1. This appeal is directed against, an order by which the Court below has dismissed an application for execution of a decree made on the 21st June 1893, as barred by limitation. The previous application was made on the 6th April 1906. The present application was presented on the 15th April 1906. It is, therefore, prima facie, barred by limitation, even though it is pointed out that the Court was closed from the 9th to the 14fch April 1909. The decree-holder, however, seeks to remove the bar of limitation by reference to a payment of travelling expenses of the Nazir made by him on the 12th April 1906. It appears that in the application of the 6th April 1906, the decree-holder had prayed that a writ might issue for the attachment of the moveable properties of the judgment-debtors and that the Nazir might be deputed for the purpose. The Court thereupon made a conditional order and directed the decree-holder to deposit the travelling expenses of the Nazir. This deposit was made on the 12th...