NDLI: Yeswant Deprao Deshmukh Vs. Walchand Ramchand Kothari

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Limitation Act (II of 1908)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908) Limitation Act, 1908 (9 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Limitation Act (II of 1908), ss. 14 (2), 18, Art. 182-Civil Procedure Code (V of 1908), s. 48- Execution of decree-Application after 12 years from decree and 3 years from order on last application-Fraudulent concealment of property to prevent execution Maintainability of application-Limitation-Fraud preventing execution against particular property-"Whether saves limitation under Art. 182-Applicability of s. 18-Decree directing payment of deficit court fee before execution-Whether conditional decree-Starting point of limitation -Time spent in proceedings to adjudge judgment debtor insolvent, whether should be excluded.An application for execution of a decree was made after the expiry of 12·years from the date of the decree and 3 years from the date of the final order on the last previous application for execution. The decree-holder contended that the judgment-debtor had fraudulently purchased a business in the name of a stranger and bad conducted the same in the name of the latter with a view to prevent the assets of the business from being proceeded against in execution by the decree-holder and that therefore under s. 48 of the Civil Procedure Code be was entitled to make an application even after the expiry of 12 years. The High Court found that, as the decree-holder was prevented by the fraud of the judgment-debtor from executing the decree, the application was not barred under s. 48 of the Code, but as it was made more than 3 years from the date of the order on the last application it was barred under Art. 182 of the Limitation Act. The decree-holder appealed contending for the first time before the Supreme Court that as fraud for the purpose of s. 48 of Civil Procedure Code was proved, e. 18 of the Limitation Act was applicable to the case and - his application was not barred under Art. 182 as it was made within three years of the date when he became aware of the fraud and the proper article applicable was Art. 181 :
Judge	Hon'ble Mr. Justice N. Chandrasekhara Aiyar
Neutral Citation	1950 INSC 34
Petitioner	Yeswant Deprao Deshmukh
Respondent	Walchand Ramchand Kothari
SCR	[1950] 1 S.C.R. 852
Judgement Date	1950-12-01
Case Number	37

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Yeswant Deprao Deshmukh Vs. Walchand Ramchand Kothari

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