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The Indian Law Reports Madras Series

1900

- Held also on the decree-holder's petition for execution of the decree that the period of limitation commenced from the date of the primary and not the amended decree of the High Court. [...] The amendment ordered on the 1st February 1888 and entered in the decree on the 8th March 1891 altered those rights in pursuance of the compromise only for the benefit of the third defendant and in regard to his interest in the estate. [...] Whatever the effect of the alteration the fourth defendant who had in effect consented to the original decree in the Court of First Instance having by his written statement acknowledged the title of the plaintiff could derive no exoneration from the alteration of the decree that alteration having been confined to the rights of the plaintiff and the third defendant. [...] In the opinion of their Lordships the ground of amendment must at any rate be something which existed at the date of the decree and the section does not authorise the review of a decree which was right when it was made on the ground of the happening of some subsequent event. [...] But in case the Magistrate should have made a mistake and understated the age in the order for detention it is competent to the local Government on the motion and report of the commission of visitors or Board of management to order the removal of the boy if and when he is found to have attained the age of eighteen years.
law
Pages
763
Published in
United Kingdom
SARF Document ID
sarf.141616
Segment Pages Author Actions
The India Law Repots Madras Series
1-702 unknown view
General Index For 1901
i-lxi unknown view

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