https://www.taxtmi.com/caselaws?id=300371 In an instalment decree containing a default clause for the decree-holder's benefit, limitation under Article 181 of the Limitation Act is linked to the default actually relied on, not necessarily to the first default alone. If an earlier default is waived or condoned, it is treated as not pressed, and a later unwaived default can furnish a fresh cause of action for applying for final relief. The wording of the default clause is not decisive unless it clearly extinguishes the instalment arrangement on the first default. The operative effect is a liberal construction favouring the decree-holder where the clause is optional or beneficial. en-us Mon, 04 Aug 1952 00:00:00 +0530 Fri, 28 Jan 2022 18:12:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300371 In an instalment decree containing a default clause for the decree-holder's benefit, limitation under Article 181 of the Limitation Act is linked to the default actually relied on, not necessarily to the first default alone. If an earlier default is waived or condoned, it is treated as not pressed, and a later unwaived default can furnish a fresh cause of action for applying for final relief. The wording of the default clause is not decisive unless it clearly extinguishes the instalment arrangement on the first default. The operative effect is a liberal construction favouring the decree-holder where the clause is optional or beneficial. Case-Laws Indian Laws Mon, 04 Aug 1952 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300371