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PETITIONER: YESWANT DEORAO DESHMUKH
Vs.
RESPONDENT: WALCHAND RAMCHAND KOTHARI.
DATE OF JUDGMENT: 01/12/1950
BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA KANIA, HIRALAL J. (CJ) DAS, SUDHI RANJAN
CITATION: 1951 AIR 16 1950 SCR 852 CITATOR INFO : R 1965 SC1325 (6,58) R 1979 SC1165 (15)
ACT: Limitation Act (II of 1908), ss. 14 (2 ), 18, Art. 182--Civil Procedure Code (V of 1908), s. 48--Execution of decree--Application after 12 years from decree and 3 years from order on last application--Fraudulent concealment of property to prevent execution-Maintainability of applica- tion--Limitation--Fraud preventing execution against partic- ular property--Whether saves limitation under Art. 182--Applicability of s. 18--Decree directing payment of deficit court fee before execution--Whether conditional decree--Starting point of limitation--Time spent in proceed- ings to adjudge judgmentdebtor insolvent, whether should be excluded.
HEADNOTE: An application for execution of a decree was made after the expiry of 12’years from the date of the decree and 3 years from the date of the final order on the last previous application for execution. The decree-holder contended that the judgment-debtor had "fraudulently purchased a business in the name of a stranger and had conducted the same in the name of the latter wit...