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Mathevan Bhargavan vs Dadi Bivi Halima Bivi And Ors. on 23 June, 1964

(Headnote) With respect we are inclined to agree with the view so expressed by the Division Bench in the above case. The learned Single Judge who referred this Revision to the Division Bench also noticed the above Division Bench decision and thereafter made the reference on the basis of an argument on behalf of the revision petitioner that the scope of provisions contained in Art. 136 of the Limitation Act of 1963 had not been taken note of. Under Art. 136 of the Limitation Act time for execution runs from the date when the decree becomes enforceable. What was argued before the learned Judge was that Art. 182 clause (v) of the Limitation Act of 1908 was not more available and there could be no concept of 'step in aid' in the matter of execution and the previous application for execution has no consequence.
Kerala High Court Cites 3 - Cited by 2 - Full Document
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