Chunder Coomar Roy and Others Vs Bhogobutty Prosonno Roy and Another

Calcutta High Court 11 Sep 1877 (1877) 09 CAL CK 0005
Bench: Full Bench

Judgement Snapshot

Hon'ble Bench

Richard Garth, C.J; Markby, J; Macpherson, J; L.S. Jackson, J; Ainslie, J

Judgement Text

Translate:

Richard Garth, C.J.@mdashWe are of opinion that "applying to enforce the decree" in Article 167 means the application (under Section 212, CPC or otherwise) by which proceedings in execution are commenced, and not applications of an incidental kind made during the pendency of such proceedings.

2. But we also think that some meaning must be given to the alternative expression "keep in force" occurring in the same article, and that consequently in cases governed by Act IX of 1871, a decree-holder who has applied to the Court simpliciter "to keep the decree in force" may, within three years from the date of such last named application, obtain execution of his decree.

Ainslie, J.

3. I accept the decision of my learned colleagues as the proper answer to the question put.

From The Blog
Quick Checklist: Start a Company in the USA from India
Nov
09
2025

Court News

Quick Checklist: Start a Company in the USA from India
Read More
Supreme Court: Release Deed Ends Coparcener Rights in Joint Family Property; Unregistered Settlements Valid to Show Severance
Nov
09
2025

Court News

Supreme Court: Release Deed Ends Coparcener Rights in Joint Family Property; Unregistered Settlements Valid to Show Severance
Read More