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Ram Dahin Bahani Prosad Bania And Ram Dain Bahali Prosad Bania Firm Appellant

V/S

Raghunandan Nunia And Another Respondents

Referred Judgements :-

LAL PASI V. RAMSARAN LAL [REFERRED TO]
PATTANNAYYA V. PATTAYYA [REFERRED TO]
HAJO BIBI V. HAR SAHAY LAL [REFERRED TO]
CHIDAMBARA NADAR V. RAMA NADAR [REFERRED TO]
CHHATTAR SINGH VS. KAMAL SINGH [REFERRED TO]
KRISTO KAMINI DEBI VS. GIRISH CHANDRA MONDAL [REFERRED TO]
AKSHOY KUMAR ROY CHOUDHRY VS. ABDUL KADER KHAN [REFERRED TO]
MADRAS KRISHNAMACHARI V. CHENGALRAYA NAIDU [REFERRED TO]
BHAN DATTA UPADHIA VS. MTTULSA KUER [REFERRED TO]
MOHAMMAD TAQI KHAN VS. RAJA RAM [REFERRED TO]
SHANKARLAL SHIVNARAYAN MARWADI VS. MAHADEO ADKOBA HOTE [REFERRED TO]

JUDGEMENT

(1.) THIS is a second Miscellaneous Appeal from the order of the Additional District Judge, U. A. D., by which the order of the Subordinate Judge of Cachar dismissing the execution application as time -barred, was affirmed. The decree -holder has appealed to this Court.

(2.) THE facts giving rise to the plea of limitation in this case are as follows. The previous execution case (T. Ex. Case No. 1 of 1949) terminated in an order dated 7 -12 -1944. The order was in the following terms:

(3.) ON behalf of the decree -holder, it is contended that the present application aims at a revival of the previous execution proceeding which was not disposed of by any final order of a judicial character. For such an application, there is no period of limitation and Art. 181 does not apply to it.

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RAM DAHIN BAHANI PROSAD BANIA AND RAM DAIN BAHALI PROSAD BANIA FIRM Vs. RAGHUNANDAN NUNIA AND ANOTHER

Referred Judgements :-

JUDGEMENT

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