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TMI Blog1914 (3) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant here from a decree of the Subordinate Judge of Agra, dated the 8th September 1908, dismissing an application which had been made on the 2nd October 1907 to the Court of the Subordinate Judge by Babu Batuk Nath for the execution of a decree of the 29th March 1898. 2. The decree of the 29th March 1898 had been made by the then Subordinate Judge of Agra in favour of one Sheo Narain in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Act, 1877. From the decree of the 12th February 1900 of the High Court an appeal to His Majesty in Council was brought. On the 15th December 1904 the appeal to His; Majesty in Council stood dismissed for non prosecution under Rule 5 of the Order in Council of the 13th June 1853 without further order. 3. On the 26th September 1901 Sheo Narain had assigned his decree of the 29th March 1898 to Bib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to His Majesty in Council, that is to say, from the 15th December 1904, and consequently that the application for execution had been made within time he doubtless was under the impression that the appeal had been dismissed by an order of His Majesty in Council made in the appeal. The Subordinate Judge dismissed the application on the ground that the terms as to the payment of the prior mort-gage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant of prosecution of the appeal to His Majesty in Council was by a final decree or order of His Majesty in Council made in the appeal. There was, however, no order of His Majesty in Council dismissing the appeal, nor was it necessary that any such order should be made in the appeal. Under Rule 5 of the Order in Council of the 13th June 1853, the appellant or his agent not having taken effectual s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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