Vattakkumpat Varikka... v. Va Rikara Patimhre V..., Madras High Court, Judgment, Law, casemine.com

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Case Number

Appeal Against Appellate Order No. 92 of 1922.

Attorney(S)

Mr. O. T. Govindan Nambiar for the Appellant.
Mr. A. Sivaraman Menon for the Respondent.

Judges

Jackson, J.

Acts

Art. 182, Cl. 5, of the Indian Limitation Act
Sect. 20 of the Indian Limitation Act;
INDIAN LIMITATION ACT

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Smart Summary

Factual and Procedural Background

This is an appeal against the order of the Subordinate Judge of Tellichery in A.S No. 300 of 1921, concerning E.P No. 55 of 1921. The decree-holder relied on payments made within three years of the prior application date to avoid the limitation bar. The Lower Appellate Court found the payment to be genuine but held that it could not save limitation. The decree dates from 1915, with an arrest in 1917. A payment of Rs. 100 was made around 25th January 1918 towards the decree debt. The decree-holder applied for execution on 17th January 1920, and the Munsif treated this as a petition to certify the 1918 payment, concluding that it saved limitation. The key issue became whether this payment could indeed save limitation under the Indian Limitation Act.

Legal Issues Presented

Whether the payment made in January 1918 satisfies the requirements of Section 20 of the Indian Limitation Act to save the bar of limitation.
Whether the payment can be considered a "step-in-aid" of execution under Article 182, Clause 5 of the Indian Limitation Act, thereby saving limitation.

Arguments of the Parties

Decree-holder's Arguments

The decree-holder relied on the payment made in January 1918 to save the limitation period.
He contended that the payment, certified in 1921, qualifies as a step-in-aid of execution under Article 182, Clause 5, on the date of the payment.
He supported this contention by citing the precedent Jatindra Kumara Das v. Gagan Chandra Pal, which involved similar facts and held that payments could afford a fresh starting point for limitation.

Lower Appellate Court's Findings

The Lower Appellate Court accepted the genuineness of the payment but found that the payment did not fulfill the requirements of Section 20 of the Indian Limitation Act.
It also held that the payment could not save limitation as a step-in-aid under Article 182, Clause 5.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Rajam Aiyar v. Anantharatnam Aiyar	Section 20 of the Indian Limitation Act: Certification of payment at time of execution application is not an obstacle.	Supported the principle that late certification of payment does not bar reliance on Section 20 if requirements are met.
Jatindra Kumara Das v. Gagan Chandra Pal	Article 182, Clause 5 of the Indian Limitation Act: Payments as steps-in-aid of execution.	Considered analogous facts; however, the court clarified that the headnotes incorrectly suggested mere payment suffices as step-in-aid without an application to certify.
Lakhi Narain Ganguli v. Felamani Dasi	Section 20 of the Indian Limitation Act: Payment may save the bar of limitation.	Clarified that payments afford a fresh starting point under Section 20 but did not hold that payment alone is a step-in-aid under Article 182.

Court's Reasoning and Analysis

The court analyzed the nature of the payment made in January 1918 and its effect on the limitation period for execution of the decree. It recognized two possible legal bases for saving limitation: Section 20 of the Indian Limitation Act and Article 182, Clause 5, which allows steps-in-aid of execution within three years to save limitation.

The court affirmed the Lower Appellate Court's finding that the payment did not satisfy the requirements of Section 20, a point not contested by the appellant. It further examined the contention that the payment could be treated as a step-in-aid under Article 182, Clause 5. The court referred to the precedent of Jatindra Kumara Das v. Gagan Chandra Pal, noting that although the facts were similar, the headnotes in that case erroneously suggested that mere payment without an application to certify suffices as a step-in-aid.

Relying on authoritative commentary by Rustomji on the Indian Limitation Act, the court clarified that it is not the payment itself but the subsequent application to certify the payment that constitutes a step-in-aid and creates a fresh starting point for limitation purposes. Since in the present case the payment was not timely certified, it could not be considered a step-in-aid.

Therefore, the court concluded that the payment of January 1918 did not save the limitation bar under either Section 20 or Article 182, Clause 5.

Holding and Implications

The appeal is dismissed with costs.

The direct consequence of this decision is that the payment made in January 1918 does not save the decree-holder from the bar of limitation for execution. The court reaffirmed the legal principle that only an application to certify a payment, not the payment itself, can constitute a step-in-aid under Article 182, Clause 5. No new precedent was established; rather, existing principles were applied to clarify the proper interpretation of the Indian Limitation Act in this context.

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Vattakkumpat Varikkara Vatakke Veetil Narayana Nair (Petitioner). v. Va Rikara Patimhre Veetil Muthuvanayicha Varikkara Parambil Vatakke Malikayil Parkum Kunhi Raman Nair (.)

This is an appeal against the order of the Subordinate Judge of Tellichery, in A.S No. 300 of 1921, on E.P No. 55 of 1921.

The decree-holder relies on certain payments, made within three years of the date of the prior application, in order to save limitation. The Lower Appellate Court has found that the payment is true and that finding is not traversed.

It also finds that the payment cannot save limitation and this is the point for determination.

The decree is dated 1915. There was an arrest in 1917. On or about 25th January 1918, Rs. 100 (Rupees one hundred only) was paid towards the decree debt, i.e, on 10th Makaram 1093. On 17th January, 1920, the decree-holder applied for execution, in E.P No. 55 of 1921 and the Munsif took this as a petition for certifying the payment of January, 1918 and found that this payment saved limitation.

There are two ways in which a decree-holder may save limitation. He may prove a payment, which satisfies the requirements of Sect. 20 of the Indian Limitation Act; or, he may prove a step-in-aid of execution, within three years of his application, as laid down in Art. 182, 01. 5. If the decree-holder, when applying for exceution, wishes to rely upon Sect. 20, the fact that he has not certified the payment, until making his application, is no obstacle; c.f Rajam Aiyar v. Anantharatnam Aiyar. In the present case, there would be no objection to applying Sect. 20, if its requirements were fulfilled; but as pointed out by the Lower Appellate Court, they are not fulfilled and again this finding is not traversed. But the appellant relies upon Art. 182 and contends that the payments, certified in 1921, ranks as steps-in-aid, on the date of payment, January, 1918. In support of this contention, he relies upon Jatindra Kumara Das v. Gagan Chandra Pal. The facts of that case are very similar to those of the present case. The decree was obtained on 9th May 1913. On 10th June and 26th November in 1914, payments were made, which did not fulfil the requirements of Sect. 20. On 6th June, 1917, the decree-holder applied to have these payments certified. On 9th June, 1917, he applied for execution, pleading that the payments of 1914 were steps-in-aid of execution and so saved the bar of limitation. It was argued (page 23 of the Report) that the application of 6th June was a step-in-aid of execution and therefore the application of 9th June could not be time-barred. The Court held, following Lakhi Narain Ganguli v. Felamani Dasi, that the payments afforded a fresh starting point, within the meaning of Art. 182, Cl. 5. But all that Lakhi Narain Ganguli v. Felamani Dasi lays down is that a payment may save the bar, under Sect. 20. It had apparently never been held before, by any Court, that such payment ranks as a step-in-aid and it is difficult to understand how a payment out of Court can be considered a step-in-aid. The step-in-aid would be the petition, for certifying such payments. This point is rightly apprehended in Rustomji's commentary, on the Indian Limitation Act, Edition 3, page 773:

“It is not, of course, the mere payment, but the application to certify the payment, which gives a fresh starting point of limitation, under Art. 182 Cl. 5. The headnotes of Jatindra Kumara Das v. Gagan Chandra Pal, in so far as they assume that a mere payment (without an application), would suffice for purposes of Cl. 5, Art. 182, are not correct.”

Accordingly, the payment of January 1918 cannot save the bar of limitation, either under Sect. 20, or under Art. 182, Cl. 5, of the Indian Limitation Act and the Appeal must be dismissed with costs.

W. S. S.Appeal dismissed.

Vattakkumpat Varikka... v. Va Rikara Patimhre V...