ATMARAM NEMCHAND GUJAR Vs. MALLAPPA APPAYYA KOTIWALE

JUDGEMENT

(1.) THIS second appeal raises a short point of law, namely, whether an application made to the Court to record a part payment of a decretal debt under Order XXI, Rule 2, Civil Procedure Code, 1908, is a step-in-aid of execution, which will prevent, limitation running under Article 182(5) of the Indian Limitation Acticle 1908.

(2.) ]The facts shortly are that there was a decree in favour of the plaintiff dated July 11, 1932, and on June 30, 1935, a part payment was made by the defendants of the amount due under the decree, and on September 16, 1935, the plaintiff applied to the Court to certify the part payment, and the Court acceded to the application. This darkhast was issued on November 8, 1935, more than three years from the date of the decree. The question is whether the application of September 16, 1935, is a step-in-aid of execution under Article 182(5) of the fndian Limitation Act so as to save limitation.