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DERBYSHIRE, PANCKRIDGE, NASIM ALI
Rai Anath Nath Bose – Appellant
Versus
Maharaja Sris Chandra Nandy – Respondent
JUDGMENT
Derbyshire, C.J. - The plaintiff decree-holder has asked for execution of the remainder of his decretal amount, a sum of Rs. 1,60,050, by attachment and sale of certain properties belonging to the defendant which are now in possession of the Cossimbazar Raj Wards Estate. The contention of the judgment-debtor is that these properties are protected from execution under the decree by reason of the provisions of Section 10C, Bengal Court of Wards Act of 1879. Section 10C of the Act was introduced into it by Section 5 of Act 6 of 1936 passed by the Bengal Provincial Legislature. That section reads as follows:
(1) Where any property is in charge of the Court of Wards no civil Court shall execute any decree or order against the person or property of the ward within four years from the date of the commencement of the Bengal Court of Wards (Amendment) Act, 1935, or from the date of the assumption of charge of the property by the Court of Wards, whichever is later, and for seven years thereafter if the interest due under such decree or order be paid in full every year during the said seven years.
In calculating the period of limitation applicable to an application for the execution of
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