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Jurawan, Pasi And Ors. vs Mahabir Dhar Dube And Anr. on 19 January, 1918

5. In the Court below it was urged that the compromise between the original judgment-debtors and the decree-holder effected on the 18th December 1916 having been accepted and recorded by the Court there came into existence a "subsequent order" within the meaning of Section 48 of the Civil P.C. by which recurring periods were fixed for payment of the decretal amount and that, therefore, the limitation of 12 years would begin from the dates of default in making payment at those recurring periods. The learned Subordinate Judge found that he was bound by the case of Jurawan Pasi v. Mahabir Dhar Dube [1918] 40 All. 198 and that the order of the execution Court could not be a subsequent order contemplated by Section 48.
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