Madras High Court
Yusuf Khan And Anr. vs Sirdar Khan And Ors. on 31 July, 1883
Equivalent citations: (1883)ILR 7MAD83
JUDGMENT
Kindersley and Hutchins, JJ.
1. It has been held in Raja Rau v. Tolasi Ammal not reported, see I.L.R. 7 Mad. p. 82, Sabhanatha v. Subba Lakshmi I.L.R. 7 Mad. 80, that the words, "a certain date" in Article 179 (6) of the Schedule to the Limitation Act, require that an actual date shall have been specified, either absolutely or in relation to some contingency, and that it is not enough that the payment has been ordered to be made monthly or annually, leaving it for the Court to say whether it is to be made at the end, or beginning, or middle of the period. The petitioner cannot, therefore, rely on that clause, for his decree is simply that the money shall be paid annually. The words in Section 230 of the Procedure Code are the same, and that section, therefore, would also be a bar to the execution of this decree of 1854.
2. The appeal is dismissed with costs.
1 [Article 179:
______________________________________________________________________________________________________ Description of application. Period of Limitation. Time from which period begins ______________________________________________________________________________________________________ For the execution of a Three years; or where 6. (Where the application is to decree or order of any civil a certified copy of the enforce any payment which the Court not provided for by decree or order has been decree or order directs to be made at a No. 180 or by the Code of registered, six years. specified date) the date so specified.
Civil Procedure, Section 230.
______________________________________________________________________________________________________ Explanation I.-Where the decree or order has been passed severally in favour of more persons than one, distinguishing portions of the subject matter as payable or deliverable to each, the application mentioned in Clause 4 of this Number shall take effect in favour of more persons than one, such application, if made by any one or more of them, or by his or their representatives, shall take effect in favour of them all. Where the decree or order has been passed severally against more persons than one distinguishing portions of the subject-matter as payable or deliverable by each, the application shall take effect against only such of the said persons or their representatives as it may be made against. But where the decree or order has been passed jointly against more persons than one, the application, if made against any one or more of them, or against his or their representatives shall take effect against them all.
Explanation II.-"Proper Court" means the Court whose duty it is (whether under Section 226 or 227 of the Code of Civil Procedure or otherwise, to execute the decree or order.]