Calcutta High Court
Chunder Coomar Roy And Ors. vs Bhogobutty Prosonno Roy And Anr. on 11 September, 1877
Equivalent citations: (1878)ILR 3CAL236
JUDGMENT Richard Garth, C.J.
1. We are of opinion that "applying to enforce the decree" in Article 167 means the application (under Section 212, Code of Civil Procedure 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.