ANANDILAL & ANR versus RAM NARAIN & ORS.

ANANDILAL & ANR versus RAM NARAIN & ORS.

A partial stay of execution, such as a stay of sale of attached properties, comes within s. 15(1) of the Limitation Act, thereby entitling the decree-holder to exclusion of the period of stay in computing the 12-year limitation under s. 48 of the Code of Civil Procedure.

Parties
Appellants: Anandilal & Anr.; Respondents: Ram Narain & Ors.
Jurisdiction
India
Judgment Date
10 May 1984
Procedural Posture
Civil Appeal / Judgment After Appeal by Certificate
Outcome
appeal dismissed
Legal Topics
Execution of Decrees, Limitation Period, Partial Stay of Execution, Interpretation of S. 15(1) Limitation Act
Civil Procedure Limitation Law Execution of Decrees Limitation Period Partial Stay of Execution Interpretation of S. 15(1) Limitation Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anandilal & Anr.

Appellants

Ram Narain & Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment After Appeal by Certificate

Legal Issues

  1. 1 Whether a partial stay of execution entitles the decree-holder to exclusion of period under s. 15(1) of the Limitation Act for calculation of limitation under s. 48 of the Code of Civil Procedure

Ratio Decidendi

A partial stay of execution, such as a stay of sale of attached properties, comes within s. 15(1) of the Limitation Act, thereby entitling the decree-holder to exclusion of the period of stay in computing the 12-year limitation under s. 48 of the Code of Civil Procedure.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • The decree-holder is entitled to exclusion of the stay period in computation of limitation.