VENKATARAMANAMMA Vs. PURUSHOTTAM
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(1.) The facts of this case are briefly as follows:On the 4 November 1895 the decree-holder applied to the Court " to attach and get" a sum of money belonging to the judgment-debtor, but which was in the hands of the Salt Department. The application did not ask that the money should be paid to the decree-holder. An order purporting to be under Section 272, Civil Procedure Code, was made on the 19 November 1895. On the 29 April 1898, the Treasury Deputy Collector informed the Court that there was a balance of Rs. 62-14-11 due to the judgment-debtor. On the 12 December 1898 the present application was put in by the decree-holder asking the Court to send for the Rs. 62-14-11 and pay it to him.
(2.) The question is whether this application is barred by Art. 179, Schedule (1892) I.L.R. 16 M. 453 of the Limitation Act having been made more than 3 years after the application of the 4 November 1895.
(3.) The District Judge decided that it was not barred, and we think his decision is right.;
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