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1 - 3 of 3 (0.23 seconds)The Limitation Act, 1963
Moti Lal vs Makund Singh And Ors. on 17 May, 1897
3. There is a direct decision of the Allahabad High Court in the case of Moti Lal v. Makund Singh (1897) I.L.R., 19 All., 477, that an application such as the present is within Clause 4 of Article 179 of the second schedule of the Limitation Act, as an application to take some steps in aid of execution. That decision, it is true, is not binding upon this Court, but it is a decision which is entitled to every attention and to every respect at our hands, and it is one in which I agree with the conclusion arrived at. It is somewhat difficult to say that such an application, as we are considering, does not fall within the language of the statute read literally. It has not been disputed that the application was made to the proper Court and in the execution proceedings, and that, in those proceedings, the Court had power to make an order for possession.
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