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1 - 3 of 3 (0.17 seconds)The Limitation Act, 1963
Pandurang Balaji Apte vs Mahadeo Gopal Jog on 13 July, 1921
2. The applicant has now come up in revision to this Court and it is urged on her behalf that the order of the Court below was either without jurisdiction or illegal because there had been no proper application for the execution of the respondents' decree before the assets were realised. This argument is based on the circumstances that in the prayer sought for there was no request either for the attachment of the property and sale or for the arrest of the judgment debtor. The contention is that the only modes of execution of a money-decree are attachment and sale or sale without attachment and arrest and that unless one of these modes is specified there is no proper application for execution in accordance with law. Strong reliance is placed on a Nagpur case, Balaji v. Gopal 116 Ind. Cas. 655 : A.I.R. 1929 Nag. 148 : 25 N.L.R. 94.
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