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    <title>1950 (12) TMI 30 - Supreme Court</title>
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    <description>A decree was held to be executable from the date of its passing because payment of the deficit court fee was not an external contingency but a step within the decree-holder&#039;s control, so the decree was not conditional. Time spent in insolvency proceedings and another creditor&#039;s execution efforts did not extend limitation for the decree-holder&#039;s own execution application. Fraud was found for section 48(2) CPC where concealment, benami arrangements, and denials of ownership were inferred to have prevented execution against property, giving the decree-holder the benefit of a fresh twelve-year period. However, that fraud did not conceal the right to apply for execution itself, so section 18 of the Limitation Act and a fresh starting point under article 182 did not apply.</description>
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    <pubDate>Fri, 01 Dec 1950 00:00:00 +0530</pubDate>
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      <title>1950 (12) TMI 30 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=199076</link>
      <description>A decree was held to be executable from the date of its passing because payment of the deficit court fee was not an external contingency but a step within the decree-holder&#039;s control, so the decree was not conditional. Time spent in insolvency proceedings and another creditor&#039;s execution efforts did not extend limitation for the decree-holder&#039;s own execution application. Fraud was found for section 48(2) CPC where concealment, benami arrangements, and denials of ownership were inferred to have prevented execution against property, giving the decree-holder the benefit of a fresh twelve-year period. However, that fraud did not conceal the right to apply for execution itself, so section 18 of the Limitation Act and a fresh starting point under article 182 did not apply.</description>
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      <pubDate>Fri, 01 Dec 1950 00:00:00 +0530</pubDate>
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