1914 (3) TMI 2

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....llant here from a decree of the Subordinate Judge of Agra, dated the 8th of September, 1908, dismissing an application which had been made on the 2nd of October, 1907, to the court of the Subordinate Judge by Babu Batuk Nath for the execution of a decree of the 29th of March, 1898. 2. The decree of the 29th of March, 1898, had been made by the then Subordinate Judge of Agra in favour of one She....

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....e second schedule of the Indian Limitation Act, 1877. From the decree of the 12th of February, 1900, of the High Court an appeal to His Majesty in Council was brought. On the 15th of December, 1904, the appeal to His Majesty*in Council stood dismissed for non-prosecution under Rule V of the Order in Council of the 13th of June, 1S53, without further order. 3. On the 26th of September, 1901, She....

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....s applicable to the case ran from the dismissal for want of prosecution of the appeal to His Majesty in Council, that is to say, from the 15th of December, 1904, and consequently that the application for execution had been made within time; he doubtless, was under the impression that the appeal had been dismissed by an order of His Majesty in Council made in the appeal. The Subordinate Judge dismi....

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.... with Section 4 of that Act, have been dismissed, unless the dismissal of the 15th of "December, 1904, for want of prosecution of the appeal to His Majesty in Council was by a final decree or order of His Majesty in Council made in the appeal. There was, however, no order of His Majesty in Council dismissing the appeal, nor -was it necessary that any such order should be made in the appeal. Under ....