Q. What are the equivalent citations for Kamakshi Pillai vs Ramasamy Pillai ?

The equivalence citation are(1908) 18 MLJ 14 ; LQ/MadHC/1907/18 ;

Kamakshi Pillai Vs. Ramasamy Pillai On 27 November, 1907

Q: Q. What was the bench assigned for the case Kamakshi Pillai vs Ramasamy Pillai?

HONBLE MR. JUSTICE MILLER , HONBLE MR. JUSTICE MUNRO

iDraf

Issue

Open iDraf

Kamakshi Pillai v. Ramasamy Pillai

Kamakshi Pillai
v.
Ramasamy Pillai

(High Court Of Judicature At Madras)

Civil Miscellaneous Second Appeal No. 21 Of 07 | 27-11-1907

[1] In Pachiappa Achari v. Poojali Seenan (1905) I.L.R. 28 M 557 it was held that an application for execution, though not in accordance with law, may be held to save limitation if it contains an application for the issue of a notice under Section 248 of the Code of Civil Procedure in a case in which a notice is necessary in order to enable execution to proceed. That case was followed by a Bench of this Court in C.M.S.A. No. 87 of 1905 and the same view was taken in Gopal Chunder Manna v. Gosina Das Kalay (1898) I.L.R. 25 C. 594.

[2] Following these decisions, we think that inasmuch as a notice was in the present case a necessary preliminary to execution and the defective application for execution contained an application for notice, we must hold that the application of the 27th March 1902 saves the bar of limitation.

[3] The order of the District Judge is reversed and that of the Court of first instance restored with costs here and in the lower appellate Court.

Advocates List

For the Appearing Parties ----

Bench List

HON'BLE MR. JUSTICE MILLER

HON'BLE MR. JUSTICE MUNRO

Eq Citation

(1908) 18 MLJ 14

LQ/MadHC/1907/18

HeadNote

Civil Procedure Code, 1908 — S. 47 — Application for execution — Defective application for execution containing application for notice — Held, if notice is a necessary preliminary to execution, such application for execution would save bar of limitation