Judgment

V.N. Khare, J.-This civil appeal raises only one question that is, as to whether the benefits of provisions of Section 14 of the Indian Limitation Act, 1908 (hereinafter referred to as the Act) can be extended to a suit filed by the plaintiff-appellant under Order 21 of Rule 103 CPC and is directed against the judgment of a Learned Single Judge of the Allahabad High Court, whereby the Second Appeal filed by the defendant-respondent was allowed and the suit filed by the plaintiff-appellant was dismissed.

2. Since the High Court had dismissed the suit on the ground of limi­tation, the facts of the case which are somewhat complicated, need not be set out in detail, but reference may be made only to such facts which have direct bearing upon the question involved in this case.

3. The defendant-respondent had filed suit No. 279 of 1950 against one Chhutan for recovery of rent and ejectment from the premises which was decreed and the execution proceeding No. 331 of 1951 ensued. Since the Amin could not deliver the possession of the property due to obstruc­tion by the plaintiff-appellant, the defendant-respon­dent moved an application under Order 21 Rule 97 CPC before the executing C