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1886 Supreme(All) 109

MAHMOOD, OLDFIELD
Ram Din – Appellant
Versus
Jokhu Ram – Respondent


JUDGMENT

Oldfield, J. - This is an appeal against the order of the Lower Appellate Court granting an application to execute a decree dated the 15th June 1872. Applications for executing the decree had been made and granted at numerous dates down to that dated the 27th November 1883, and the application of the 9th February 1885, which is the subject of this appeal.

2. The Lower Appellate Court has held, following the Full Bench decision of this Court--Musharraf Begam v. Ghalib Ali ILR All. 189 that this last application is not barred by Section 230 of the Civil Procedure Code.

3. It is clear that the present application of the 9th February 1885, was made after the expiry of twelve years from the date of the decree, and after twelve years from all the dates mentioned in Section 230. The last paragraph of this section, giving it the interpretation of the Full Bench ruling referred to, cannot be a bar to the application, because it was made within the three years from the coming into operation of the present Code; and though the application would be barred by Section 230 of Act X of 1877, yet that section, under the Full Bench ruling, is not applicable. Under these circumstances the order

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