SANTI RANJAN DASS GUPTA versus M/S DASIJRAM MIRZAMAL

SANTI RANJAN DASS GUPTA versus M/S DASIJRAM MIRZAMAL

Attachment order barred execution until dismissed; execution application filed within three years after bar was lifted is continuation of earlier application and not time-barred.

Parties
Appellant: Santi Ranjan Dass Gupta; Respondent: M/s Dasijram Mirzamal
Jurisdiction
India
Judgment Date
11 March 1976
Procedural Posture
Civil Appeal / Appeal From Assam and Nagaland High Court Order Dated 26 July, 1967 in Misc. Appeal Nos. 36 and 37 of 1966
Outcome
Appeal dismissed with costs.
Legal Topics
Execution of Decrees, Limitation Period, Attachment of Decree
Civil Procedure Limitation Execution of Decrees Limitation Period Attachment of Decree

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Parties

Santi Ranjan Dass Gupta

Appellant

M/s Dasijram Mirzamal

Respondent

Procedural Posture

Civil Appeal / Appeal From Assam and Nagaland High Court Order Dated 26 July, 1967 in Misc. Appeal Nos. 36 and 37 of 1966

Legal Issues

  1. 1 Whether attachment of decree amounts to 'stay' under Section 15 of Indian Limitation Act, 1908
  2. 2 Whether subsequent execution application is barred by limitation or is continuation of previous one

Ratio Decidendi

Attachment order barred execution until dismissed; execution application filed within three years after bar was lifted is continuation of earlier application and not time-barred.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment of High Court affirmed.
  • Execution to proceed.