JUDGMENT

Banerjee, J.—Availability of the plea of limitation in the matter of execution of decree has been the key issue in this appeal. The word ‘execution’ stands derived from the Latin "ex sequi", meaning, to follow out, follow to the end, or perform, and equivalent to the French "executor", so that, when used in their proper sense, all three convey the meaning of carrying out some act or course of conduct to its completion (vide Vol. 33 - Corpus Juris Secundum).

2. Lord Denning in Re Overseas Aviation Engineering (GB) Ltd.1: has attributed a meaning to the word ‘execution’ as the process for enforcing or giving effect to the judgment of the court and stated:

"The word "execution" is not defined in the Act. It is, of course, a word familiar to lawyers. "Execution" means, quite simply, the process for enforcing or giving effect to the judgment of the court: and it is "completed" when the judgment creditor gets the money or other thing awarded to him by the judgment. That this is the meaning is seen by reference to that valuable old book Rastill Termes de la Ley, where it is stated: "Execution is, "where Judgment is given in any Action, that the plaintiff shall "recover the land, de