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1957 Supreme(Cal) 48

CHAKRABARTI, SARMA SARKAR
LALA BAIJNATH PROSAD – Appellant
Versus
NURSINGDAS GUZRATI – Respondent


CHAKRAVARTTI, C. J.

( 1 ) ON 16th of August, 1930, the Respondent Narsingdas Guzrati obtained from Lort-Williams J. , sitting on the Original Side of this Court, a decree for money against 38 defendants. That decree was signed by S. R. Das, J. on 10th September, 1943 and a certified copy of it was obtained by the decree-holder on the following day. On 4th of August, 1953, the decree-holder applied for the execution of his decree. Not unnaturally, an objection was at once raised on behalf of some of the judgment-debtors that execution of the decree could no longer be had, because the twelve years' time allowed by Article 183 of the Limitation Act had long expired. The decree-holder's reply was that he had still the right to execute his decree because, according to him, in computing the period of limitation, he was entitled to exclude three periods of time which would bring his application within twelve years. He also contended that there had been acknowledgments of liability which had given a fresh start to limitation. The exclusions claimed by the decree-holder were of the period between the date of the decree and the date on which a certified copy of it had been obtained, a perio











































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