BHAWANIPORE BANKING CORPORATION, LTD. versus GOURISHANKARSHARMA

BHAWANIPORE BANKING CORPORATION, LTD. versus GOURISHANKARSHARMA

Applications for reopening or appeals relating to collateral proceedings dismissed for default do not amount to review or appeal under Article 182 clauses 2 and 3 of the Limitation Act; execution application is barred by limitation as made beyond three years from the final decree.

Parties
Appellant: Bhawanipore Banking Corporation Ltd.; Respondent: Gowri Shankar Sharma
Jurisdiction
India
Judgment Date
14 March 1950
Procedural Posture
Civil Appeal / Appeal From High Court of Judicature at Calcutta
Outcome
appeal dismissed with costs
Legal Topics
Execution of Decrees, Limitation Act Interpretation, Appeal Provisions, Review Provisions
Limitation Civil Procedure Execution of Decrees Limitation Act Interpretation Appeal Provisions Review Provisions

Case Brief

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Parties

Bhawanipore Banking Corporation Ltd.

Appellant

Gowri Shankar Sharma

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court of Judicature at Calcutta

Legal Issues

  1. 1 Whether the application for execution of decree is barred by limitation under Article 182 of the Indian Limitation Act, 1908
  2. 2 Whether applications for reopening and appeals from dismissal thereof provide a fresh starting point for limitation

Ratio Decidendi

Applications for reopening or appeals relating to collateral proceedings dismissed for default do not amount to review or appeal under Article 182 clauses 2 and 3 of the Limitation Act; execution application is barred by limitation as made beyond three years from the final decree.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs