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Note "Amendment tion of the parties' liberty of contract with period ** reference to their rights and obligations (b) Provincial Small Cause Courts Act (1887), under the decree and that if they do contract S 25--Erroneous decision--Interference under section 25 upon terms which have reference to and An erroneous decision on a question of law consti affect the execution, discharge or satisfaction tutes no ground for interference under the exceptional of the decree, the provisions of s 47 involve powers conferred under S 25 unless substantial in that questions relating to such terms may justice has resulted [P 413c] fall to be determined by the executing Court Bam Nath -- for Applicant Following this view, it was held by the S N Srivastava -- for Opposite Party Allahabad High Court in A I R 1940 ALL, Order -- This is a judgment-debtor's 4233 4that the period of 12 years provided application in revision under s 25, Provin in s 48 should be computed from the date ce cial Small Cause Courts Act, from an order of the default mentioned in a compromise ^ passed by the Judge, Small Cause Court, decree which altered the original decree A dismissing his objection The objection was similar view was taken in A i r 1938 Gal made in the execution proceedings The ori 25,4 where an order of the Court embodying ginal decree was passed on 29th July 1924 the compromise passed subsequent to the Upon an application presented by the judg original decree was regarded in the nature ment-debtor it was amended on 23rd Novem 1 ('34) 21   flag  2

AIR 1934 Oudh 465
All India Reporter, Oudh Series
India - Uttar Pradesh

Cases Referring to this Case

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Mangnoo Singh v Bindeshri [1943] AllINRprOudh 87; [1943] AIR Oudh 412 All India Reporter - Oudh India - Uttar Pradesh 4 Aug 1943 AsianLII flag
Imtiaz Ali Khan v Sheikh Badruddin [1943] AllINRprOudh 77; [1943] AIR Oudh 410 All India Reporter - Oudh India - Uttar Pradesh 28 Jul 1943 AsianLII flag

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