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1942 Supreme(Nagpur) 134

POLLOCK
FIRM HARDEO DWARKADAS – Appellant
Versus
FIRM BINJRAJ HARIRAM – Respondent


JUDGMENT

Pollock, J—On 15th November 1935 the appellant obtained a decree against the respondents for Rs. 1925 with future interest till realization. This amount was payable in four annual instalments on 16th December each year from 1985 to 1938 inclusive, with this condition:

In default of payment of any instalment in whole or in part the defendants will be liable to pay the whole amount remaining due with interest at once.

2. Nothing was paid. On 21st January 1936, after the first default, the decree-holder took out execution to recover the entire decretal amount, but owing to his failure to pay process-fees, the application was dismissed as wholly infructuous on 14th March 1986. On 14th December 1989 he filed the present execution application to recover the last three instalments due in December 1936, 1937 and 1938. That application has been dismissed as barred by limitation. Although in the past there has been some controversy on the point, it is now generally accepted, as stated in Rustomji's Law of Limitation, Edn. 5, at page 1811, that unless the decree clearly leaves the decree-holder no option on the happening of a default but to execute the decree once and for all for the wh








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