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1911 DIGILAW 272 (ALL)

Behari Lal v. Raghunandan

1911-08-08

KNOX

body1911
JUDGMENT : KNOX, J. Behari Lal and others, decree-holders, obtained a decree against Raghunandan in the year 1905. In execution of the said decree, the decree-holders attached certain bags of salt which were sold for a sum of Rs. 110. The decree obtained was to the effect that the defendant should pay Rs. 267 odd to the plaintiffs, and that the plaintiffs should take away certain bags of salt. It was, therefore, not a decree for Rs. 267 odd without any condition or limitation. On the 25th of November, 1905, the defendant deposited Rs. 267 odd in court for payment to the plaintiffs conditional on their being allowed to remove the bags of salt. On the 14th of December, 1906, the plaintiffs applied for the withdrawal of the Rs. 267 odd deposited in court in their favour. This application was disallowed. After that the plaintiffs appear to have taken no steps until the 14th of July, 1909, when they applied for attachment of the money. The lower court has held that this application for execution, namely, that of the 14th of July, 1909, was time-barred. 2. The question I have to consider is whether the application of 14th December, 1906, was or was not an application in accordance with law to the proper court to take some step in aid of execution of the decree. Following the rulings of this Court in Munawwar Husain v. Jani Bijai Shanker,[1905] 2 A.L.J.R., 376 and Chattar v. Neival Singh,[1889] I.L.R., 12 All., 64, I must hold that the application of 14th December, 1906, was not an application in accordance with law to take some step in aid of execution of the decree. As the previous application made by the decree-holders was dated the 21st of September, 1905, this application is time-barred. The view taken by the court below was correct. I dismiss this application with costs.