The Law Reports. Indian Appeals Volume 4

The Law Reports. Indian Appeals Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...of December, 1869; but the Defendant, notwithstanding the order, made further payments on account. On the 4th of May, 1871, the Plaintiff, alleging that the payments made were not sufficient to cover the interest, and claiming a balance of Es.23,772. 13a. 7p., made a fresh application to the Deputy Commissioner for a certificate and transfer of the deteree to the Court of Meerut for execution, and prayed that a summons might be issued under the provisions of Act VIII. of 1859. Upon that petition the Deputy Commissioner, on the 6th of May, 1871, made the following order: --"As the application for execution has already been rejected and sent to the record-room; and now the period for execution has expired totally, it is ordered that the application be rejected and sent to the record-room." With reference to the statement that the period for execution had then totally expired, it may be as well to point out that Act XIV. of 1859 was extended to the Punjab on the 1st of January, 1867, and consequently that the period of three years from the time when the Act came into operation in the Punjab had expired before the application of the 4th of May, 1871, was made. On the 30th of June, 1871, the Deputy Commissioner refused to review his judgment, and on the 10th of July of that year the Plaintiff appealed to the Commissioner, who, on the 18th of August, 1871, dismissed the appeal, holding, amongst other things, that the three years' grace under the limitation law J. c. expired on the 1st of January, 1870, and that a mere petition for 1877 execution which was dismissed was not sufficient to keep a decree rje1lND in force. London Bank V. The case was appealed to the Chief Court of the Punjab, which Obchabd. at first rejected the appeal....
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Product details

  • Paperback | 102 pages
  • 189 x 246 x 5mm | 195g
  • United States
  • English
  • black & white illustrations
  • 1236940342
  • 9781236940346