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march 1963

Supreme Court of India · 1963-03-07

A. S. KRISHNAPPA CHETTIAR & ORS. vs NACHIAPPA CHETTIAR & ORS.

Citation / case number
SC 1961/278
Court
Supreme Court of India
Petitioner
A. S. KRISHNAPPA CHETTIAR & ORS.
Respondent
NACHIAPPA CHETTIAR & ORS.
Author
R. MUDHOLKAR
Bench
J.R. MUDHOLKAR

Judgment text excerpt

The Supreme Court held that Section 15(1) of the Indian Limitation Act, 1908, applies only when the execution of a decree is stayed by an injunction or order, and not in cases of composition arrangements. The Court found that the execution applications filed by the appellants were barred by limitation as they were made more than three years after the dismissal of previous applications. The Court also ruled that the letter from the second defendant did not constitute an acknowledgment of liability under Section 19 of the Limitation Act, affirming the High Court's decision to allow the appeals.

A. S. KRISHNAPPA CHETTIAR & ORS. vs NACHIAPPA CHETTIAR & ORS. · Niyam