High Courts(1910) 07 MAD CK 0012

Umade Rajaha Raja Damara Kumara Thimmanayanim Bahadur Varu vs Sri Ranga Bhupala Bali Row Garu and Another

Madras High Court · Decided on 22 July 1910 · Citation: (1911) 21 MLJ 464

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Judgment

7 paragraphs · 144 words
1.

We do not find it necessary to consider the point dealt with in the lower court, but think it clear that Section 325-A of the CPC which is made

applicable by Section 47 of the Madras Court of Wards Act, 1902, is sufficient to save limitation. Section 325-A expressly excludes from

calculation the period during which the decree is before the Collector for execution and the exclusion is obviously made applicable to proceedings

for execution in the civil court.

2.

There is nothing in the language of Section 47 of the Court of Wards Act to support the contention that the last clause of Section 325-A of the

Code of Civil Procedure, is only made applicable and it would be contrary to the manifest intention of the legislature so to hold.

3.

The conclusion is right and the appeal is dismissed with costs.