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Issues:
1. Interpretation of Article 182(o) of the Indian Limitation Act, 1908 regarding the time limit for execution of a decree. 2. Determining the starting point for the period of limitation for execution of a decree. 3. Validity of the order of the appellate Court in relation to the abatement of appeals. 4. Discretion of the executing Court to allow amendments in the application for execution. Analysis: 1. The primary issue in this case was the interpretation of Article 182(o) of the Indian Limitation Act, 1908, which allows a three-year period for the execution of a decree from the date of the decree or the final decree of the Appellate Court. The dispute arose regarding the starting point for calculating this period, whether from the date of the original decree or a subsequent order of the Appellate Court. The application for execution in this case was made on October 27, 1926, and the respondents argued that an order of October 18, 1924, by the Judicial Commissioner constituted a final order of the Appellate Court, saving the application from being time-barred. 2. The second issue involved determining the starting point for the period of limitation for execution of the decree. The Judicial Commissioner's order of October 18, 1924, which held that both appeals had abated, was considered by the Courts in India as a final order of the Appellate Court within the purview of Article 182(o). The respondents contended that this order marked the new starting point for the limitation period, allowing their application for execution to be considered within time. 3. Another crucial aspect was the validity of the order of the appellate Court regarding the abatement of appeals. The Judicial Commissioner's order on October 18, 1924, declaring the abatement of both appeals was pivotal in determining the starting point for the limitation period. The Courts upheld this order as final, disposing of the appeals, and considered it as the new reference point for calculating the period for execution of the decree, thereby saving the application from being time-barred. 4. The final issue revolved around the discretion of the executing Court to allow amendments in the application for execution. The appellants argued against the amendments made in the application, contending that it should have been rejected. However, the appellate Court upheld the discretion exercised by the executing Court under Order XXI, Rule 17 of the Civil Procedure Code in allowing the amendments. The appellate Court found the discretion to be appropriately exercised, thereby rejecting the appellants' argument against the amendments. In conclusion, the High Court of Bombay, in its judgment, dismissed the appeal with costs, affirming the validity of the application for execution based on the starting point determined by the order of the Appellate Court and upholding the discretion of the executing Court in allowing the necessary amendments in the application.
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