Judgment

S.B. Majmudar, J.-Leave granted in both these Special Leave Peti­tions.

2. By consent of learned counsel for the parties, these appeals were finally heard and are being disposed of by this judgment.

3. A few relevant facts leading to these appeals may be stated at the outset.

4. The common appellant as the decreeholder got an award decree on 2.6.1989 from the court of learned Single Judge of the High Court of Judicature at Calcutta. The said decree was sought to be executed. At that stage, the respondent - judgment debtor filed objections under Section 47 of the Code of Civil Procedure contending that the decree was a nullity as it was barred by limitation. The objections were overruled by the executing court which resulted in two proceedings by the respondent-judgment debtor before the Division Bench of the High Court. Both the proceedings were disposed of by the impugned common judgment. The Division Bench of the High Court held that the question of limitation regarding passing of the award decree was required to be examined by the executing court and consequently, passed a remand order directing learned Single Judge to decide the matter afresh. The impugned judgment also ob