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2000 Supreme(SC) 2011

K.T.THOMAS, R.P.SETHI
Ratansingh – Appellant
Versus
Vijaysingh – Respondent


JUDGMENT

Thomas, J.-Leave granted.

2. A decree-holder after securing a decree went into slumber and remained as such for a pretty long period like a Rip Van Winkle. When he awoke he realised that his decree became rust corroded and lost its enforceability due to efflux of a number of years. In his search to find out at least a straw to cling on he came across an order of the High Court by which a Second Appeal preferred by his opposite party was dismissed as time barred. The Execution Court resuscitated the decree with the help of the said order, but the District Court in a revision held otherwise. This appeal by Special Leave is against the order of the District Court as the High Court shut its door for the decree-holder when he knocked at it. The High Court pointed out to him that the revisional powers of the High Court under Section 115 of the Code of Civil Procedure (for short the Code ) had already been exercised by the District Court on which such powers were delegated in the State of Madhya Pradesh.

3. The decree which the appellant succeeded in obtaining was one for possession of the suit property. The trial Court passed the decree on 14.12.1970. The respondent filed the Firs





















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