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[Cites 3, Cited by 3]

Madras High Court

Abdul Karim Sahib Of V. Khadir Hussain ... vs Timmaraya Chetty on 4 March, 1914

Equivalent citations: 24IND. CAS.512, AIR 1914 MADRAS 117(2)

JUDGMENT

1. The failure of the decree-holder-purchaser to take proceedings under Order XXI, Rule 97, of the Code of Civil Procedure within the time limited by Article 167 of the Limitation Act does not prevent him for putting in a fresh application for delivery of possession under Order XXI, Rule 95. Muttia v. Appasami 13 M. 504.

2. This appeal is dismissed with costs.