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1 - 4 of 4 (1.55 seconds)Article 182 in Constitution of India [Constitution]
The Limitation Act, 1963
Bando Krishna Kunbargi vs Narasimha Konher Deshpande And Ors. on 16 July, 1912
But these questions are outside the scope of Section 73; All that the Court has to be satisfied about is that there is a money-decree of which satisfaction has not been obtained against a judgment-debtor and that the decree-creditor has shown his diligence by applying for execution of that decree before the assets were realised. On these conditions being fulfilled the decree-holder-creditor is entitled to join in the rateable distribution. No case exactly in point has been brought to my notice, but some cases have been cited with reference to Article 182 of the Limitation Act which speaks of applications for execution made in accordance with law. Even according to those mses which construe those words "Applications in accordance with law", an application like the present one would be fully in conformity with the requirements of the law; though it prayed for a relief which perhaps the Court could not have granted, it is still treated as an application in accordance with law for the purpose of Article 182 of the Limitation Act: see Bando Krishna Kanbargi v. Narasimha Konber Deshpande 17 Ind. Cas. 210 : 37 B. 42 : 14 Bom. L.R. 861. I hold, therefore, that the petitioner before me was entitled to join in the rateable distribution.
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