NAVIVAHOO Vs. TURNER (OFFICIAL ASSIGNEE)

JUDGEMENT

(1.) ON the 19th of August, 1868, the Insolvency Court of Bombay ordered that a judgment should be entered up in the name of the official assignee against the insolvent Candas Navivahoo for a sum exceeding sixteen millions of rupees. That judgment was accordingly entered up in the High Court.

(2.) IT does not appear whether anything was done under the judgment till the 5th of April, 1886, when the Insolvency Court ordered execution for a sum of nearly five millions to be taken out against certain properties described in the order.

(3.) BY Article 180 an application to enforce a judgment of any Court established by royal charter in the exercise of its ordinary original civil jurisdiction is barred unless made within twelve years from the time when a present right to enforce the judgment accrues to some person capable of releasing the right. By Article 179 an application for the execution of a decree or order of any Civil Court, not provided for by No. 180 or by the Code of Civil Procedure Section 230, is barred unless made within throe years from various points of time. It may be taken for the purpose of the present case that the starting point of time would be in the year 1868. By Article 178 an application for which no period is provided elsewhere in the schedule to the Act or by the Code of Civil Procedure, Section 230, is barred unless made within three years from the time when the right to apply accrues.