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1910 Supreme(Cal) 500

Sripati Charan Choudry – Appellant
Versus
R. Belchambers – Respondent


JUDGMENT

1. The substantial question of law which requires consideration in this appeal is, whether the decree-holders are still entitled to take out execution of a decree for rent made in their favour so far back as the 19th June 1898. The judgment-debtors in answer to the application for execution made on the 2nd May 1907, urged that execution could not proceed as the judgment-debt had already been extinguished by limitation. The Court of first instance accepted this contention as well-founded, and dismissed the application on the ground that a previous application for execution made on the 14th January 1903 was barred by limitation. Upon appeal the District Judge has reversed that decision and allowed execution to proceed on the ground that it is no longer open to the judgment-debtors to urge the objection that the judgment-debt had already been extinguished by limitation, inasmuch as they did not prefer any such objection in previous execution proceedings. It appears that the first application for execution was made on the 13th August 1898. A sum of Rs. 600 was realised by the sale of the properties of the judgment-debtors and the execution case was disposed of on the 27th May 1

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