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1912 DIGILAW 617 (MAD)

Raja Kumara Venkata Perumal Raju v. Audikesavalu Reddi And Ors

1912-11-13

body1912
JUDGMENT 1. The decree in plaintiffs favour was made absolute only on the 1st March 1899. The present application was put in within 12 years from that date. According to the decision of the Privy Council in Ash fag Husain v. Gaur Sahai (1910) I.L.R. 33 A. 264 limitation for the execution of a decree for sale in a suit on a mortgage, would run only from the date when the first decree or decree nisi for sale is made absolute. This view was adopted by this Court in C.M.S.A. 86 of 1910. The application is therefore not barred. According to the terms of the decree the plaintiff is entitled to proceed in execution against Other properties of the judgment-debtor. 2. We dismiss the appeal with costs.