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1904 (1) TMI 2
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....ng upon the opposite party to show cause why the order of the Small Cause Court Judge of Serampore complained of should not be set aside, or such other order made as to this Court might seem fit. The order was an order dismissing the plaintiff's suit on the ground that it was barred by limitation. The plaintiff sued on a bond for money borrowed by the defendant. The condition of the bond was t....
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....assuree (1883) 13 C.L.R. 243which is an authority for the proposition that the decree-holder might realize the whole decree at once upon default being made in payment of any one instalment, of might waive his right to do so and seek to realize the instalments, as they became due. But this case has been dissented from expressly in the case of Hurri Pershad Chowdhry v. Nasib Singh I.L.R. 1894 Calc. ....
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.... that there cannot be any waiver so as to affect limitation save by payment and acceptance of an overdue instalment. 2. It has been argued that in the present case the bond gives liberty to the plaintiff either to sue for the whole or to sue for the separate instalments. That point has been disposed of by the same learned Judges in the observation nest following that to which we have referred. ....