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1911 Supreme(Cal) 36

Murlidhar Sukul – Appellant
Versus
Nursingh Das – Respondent


JUDGMENT

1. This Appeal is directed against an order by which the Court below has dismissed an application for execution of a decree on the ground that it is barred by limitation. The decree now under execution was made on the 7th August 1899 in affordance of the decree of the original Court passed on the 10th September 1897. The first three applications for execution were made within the time allowed by law, on the 18th April 1901, 13th February and 5th August 1904, respectively. The fourth application for execution was presented on the 5th October 1907. The present application for execution was presented on the 6th August 1908. There is no question that the application for execution now before us was made within the time allowed by law after the date of the previous application for execution. But it has been argued that the previous application itself had been made beyond time and that consequently the present application is barred by limitation. In answer to this argument it has been contended on behalf of the decree-holder that there was an adjudication by the executing Court, that the previous application was not barred by limitation and that consequently in the present proceed

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