...the presence of the judgment-debtors transmitting the records to the Calcutta High Court.4. The next question which had been argued before the High Court was on...was not exercising its ordinary original civil jurisdiction while disposing of the suit that had been transferred from Patna by virtue of the special provisions of the. Banking Companies ...relates to the question of limitation and the second to no notice having been issued by the Calcutta High Court to the judgment-debtors on transfer of the suit to that court. As ...

...time. The lower Court held that there was no payment of the decree nor there was any acknowledgment, so the execution was beyond time. The whole judgment of the trial court is based on ...first is that the court below went wrong in holding that the execution of the decree was beyond time because it being a decree for costs of the Privy Council and the execution application...liability against respondents Nos. 2 to 4 because firstly the matter was not referred to arbitration and secondly because the award was not mage a rule of the court. On the point of ...

...Ramaswami, J.:— The sole question in this appeal is whether the execution of a decree made by the Calcutta High Court on the original side is barred by Article 183 of ...Bhagalpur court after a lapse of twelve years. But on the 3rd of March, 1944, the decree-holder had applied to the Calcutta High Court for leave under Order XXI, rule 50 of ...the words of Article 183 as a matter of statutory construction.There is no definition of the term “revivor” in the Limitation Act, but ...

....”2. The attorney for the plaintiff according to the directions of the Registrar's Special Report took out the Notice of motion on 23-11-1954 as required under R. 50 Chap. ...Section 5 of the Limitation Act and if it be held that the sale reference is a kind of vague application, which ...under her mortgage decree although she still remains wholly unpaid. The first argument is that under Article 183 of the Limitation Act, the ...

...application was made more than three years but less that twelve years from the date of the decree of the Privy Council. The lower Courts have applied Article ...provisions of Section 144, Act V of 1908, It does fall under the provisions of that section but this does not alter the fast that the period of ...Schedule, Act IX of 1908) and held that the application was within time. Damodar Das contests this decision in execution first appeal. I agree with the lower Courts that this...

..., Article 183 read with Section 20 of the Limitation Act, 1908 saved the decree till January, 1965 and ...Article 183 of the Limitation Act 1908 it has to be a voluntary payment. It has further been argued that a payment made pursuant to an order of the Co...requirement. In this connection it is important to bear in mind the difference in language between Section 20 and Article 183 of the Limitation Act of 1908....

.... . 77 Bom LR 479. which has held that the period of limitation provided under Article 183 of the Limitation ...Limitation Act of 1908 as mentioned in clause (b) of section 30 of the Limitation ...article 136 of the new Act.9. We must now briefly examine the reliance placed by Mr. Pinge on the judgment of the Division Bench ...

...limitation under Article 182 of the old Limitation Act. The case of the respondent was that it is a decree of the High Cour...High Court is the successor High Court to the former High Court and therefore, it is Article 183 that applies; as such the execution petition filed is within time.3. Mr. P.A Chowdhary, ...Constitution preserves all the powers possessed by the High Court on the date of the commencement of the Constitution until affected by any law passed by the Legislature...

...importance of the question involved, Is ‘whether an order dated 5-8-1955 made by Tendolkar, J. sitting on the original side of the Bombay High Court in “an application for execution filed by the d...to the judgment-debtor, does not operate to serve as a revivor of the decree. So as already stated, the only question that arises for consideration is as to whether the order dated 5-8-1955 operates as a r....3. Article 183 of the Limitation Act of...

.... Thereupon the appellant preferred a number of objections, one of which was that the execution was barred by limitation. The Subordinate Judge of Pakaur overruled all the object...meaning of Aritcle 183 of the Limitation Act. It was also urged that even assuming that the sum of Rs. 600 had been paid to the decree-holders within the meanin...Article 183 regarding acknowledgments as well as payments are self-contained and must be read independently of sections 19 and 20 of the Limitation Act.This is exa...

...the plaintiff: First that the execution of the decree is time-barred and the other that the decree has been satisfied. On the first point it is urged that under ...revival, which must mean an adjudication of the rights of the parties and an order of the Court that the decree was revived. In my opinion, this whole line of argument is based o...and therefore Art. 183 is no bar to the execution of the decree.3. It was argued that the application for execution is not in the form required by O. 21, R. 11, because it does not...

...application is barred by limitation by virtue of Article 183 of the Limitation Act, 1908. This Article prescribes a period of twelve ...writ of scire facias in the Supreme Court, and that an order for execution after notice effects a revivor of a decree within the meaning of Article 183 [See..., where the prescribed period of limitation is very much less than in this Court, an application for execution made against one of several joint-debtors takes effect against them all (Article 180); but...

..., under Article 183 of the Limitation Act, 1908, twelve years from the time when he had an existing right to execute the decree, that he had such an ex.... The view that under Article 183 the plaintiff had twelve years from any time when be still had an existing right is clearly untenable. Limitation runs from the time when the right accru...for the respondent on three other grounds, namely, (1) that the question of limitation should have been decided by this Court, (2) that question is concluded by the order of the 6th May a...

...property to the extent of 16 annas share therein. Being a decree more than one year of d, usual notice under Order 21, Rule 22(1)(a) and (b) of the Civil Procedure Code was issue....4. This completes recounting the material facts to which reference will be necessary in deciding the question of limitation. Limitation is the only defence raised and argued on beh...September, 1943, cannot be excluded from the operation of the limitation of twelve years which is said to run from the date of the decree. It is first contended on the b...

...Registrar to pay this sum to the Administrator-General. The question is whether this order of the 9th January 1912 saves the period of limitation. 3. The ...interest on such money has been paid, or some acknowledgment of the right thereto has been given in writing signed by the person liable to pay such principal or interest, or his agent, to the person entitled theret...Section 20 of the Limitation Act are satisfied by the act of the Judge of the...

...of time the mortgage decree had been fully satisfied. All through steps were being taken and it was not a case where the execution was barred either under Section 48 of the Code of Civil Procedure.... It was conceded and rightly so by learned counsel for the appellants that the execution was not barred under Article 136 of the Limitation Act, 1963. But the submission was tha...the old Act. We have no difficulty in rejecting the argument of limitation. All through...

...decision of the Judicial Committee strengthens this view. In Munna Lal v. Sarat Chunder (1915) 21 C.L.J. 118 (P.C.) their Lordships held that an applica...Article 181 of the Limitation Act applied to it. 2. Mr. S. Doraswami Ayyar bas cited before us a large number of authorities to show that the p...second section of applying for an order absolute. Even after the pronouncement in the Pull Bench case, doubts arose regarding the applicability of Article 179 of ...

.... Narsingdas Guzrati AIR 1958 Cal. ??? in the context of the provisions of Article ...permissible. So far as the first question of limitation is concerned the relevant Article is Article 136 of the Limitation Act, 1963....limitation.”2. In this connection reference may be also made to Article 135 of the Limitation Act which is the following effect:“For...

...dated the 8th May, 1928, that is to say, exactly twelve years after the date of the decree. Under Section 12(1) of the Limitation Act, in computing ..."Part" bears the heading "Limitation of Suits, Appeals and Applications" so that there are three species of matters which are dealt with in the Limitation Act and the Schedule to...be executed. Therefore without attempting to come to any definite decision as to whether, for example, the giving of a notice of motion would be sufficient irrespective of the hearing of ...

...decision is, whether these payments can be said to keep alive the decree against all the Judgment-debtors. Article 183 of the Limitation Act reads thus:(1) (2) (3) ...the Legislature did not intend that the payment by one of the Judgment-debtors in a decree coming under Article 183, should have the effect of keeping the decree alive a...Judgment-debtor would keep alive the decree against all the Judgment-debtors, the proviso to Article 183 provides that payment towards the decree keeps alive the decree. Hence, there is n...