Judgment

DAS GUPTA, J. : The appeal raises a question of limitation in execution proceedings. The decree sought to be executed was made by the Civil Judge, Kanpur, on September 2, 1938, in a suit for partition brought by two brothers Jumna Prasad and Devi Prasad and two minor sons of Jumna Prasad, against Gajju Lal, his son Jawala Prasad, the four minor sons of Jawala Prasad - Sharda Prasad, Dharam Pal, Ram Pal and Krishna Pal, and one Smt. Sundari. By the decree one of the properties, a house formerly bearing No. 36/22 and now 36/58, Etawa Bazar, Kanpur, was awarded along with other properties to the defendants in the suit. The present application for execution was made by the four brothers, Sharda Prasad,, Dharam Pal, Ram Pal and Krishna Pal on November 23, 1949. The prayer was that these applicants may be delivered possession over this Etawa Bazar house along with Gajju Lal, Jawala Prasad and Smt. Sundari on dispossession of Jumna Prasad and Devi Prasad. It is stated in the application that all these applicants had "uptill now been minors and one of them is still a minor and so no question in respect of time arises". This, it is important to note, was the first application for execution of the partition decree.

2. A number of objections were raised; but the principal objection and the only one with which we are concerned in this appeal was that the application was barred by time. The decision of this question depended on the answer to the question raised on behalf of the opposite parties that Jawala Prasad one of the persons entitled jointly with these applicants to make an application for the execution of the decree could have given a discharge of the liability under the decree without the concurrence of his minor sons and so time ran under S. 7 of the Limitation Act against them also from the date of the decree.

3. The trial Court did not feel satisfied that Jawala Prasad could give a valid discharge and held accordingly that the application was within time.

4. On appeal the High Court held that Jawala Prasad as the Karta of the Hindu Joint Family could act on behalf of the entire joint family in taking possession of the house allotted to the defendants and delivery of such possession could discharge the liability qua the entire joint family and held accordingly that the application was barred by limitation. The High Court however granted a certificate under Art. 133(1)(c) of the Constitution and on that certificate this appeal has been filed by the applicants for execution.

5. Two contentions were raised on behalf of the appellants in support of the plea that the High Court erred in holding that the application for execution was barred by limitation. First, it is urged that S. 7, Limitation Act does not apply at all to a partition decree. The second contention is that in any case Jawala Prasad could not give a valid discharge of the liability under the decree in view of the provisions of O. 32 of the Code of Civil Procedure.

6. On the first contention the argument is that the word "discharge" is appropriate only in respect of a monetary claim and is wholly inappropriate in respect of any decree for possession whether on partition or otherwise. There is, in our opinion, no substance in this argument. The mere fact that the two illustrations to S. 7 are in respect of debts is no ground for thinking that the provisions of S. 7 are limited to suits or decrees on monetary claims only. Nor can we see any reason to think that the word "discharge" can refer only to debts. Discharge means, to free from liability. The liability may be in respect of monetary claims, like debts; it may be in respect of possession of property; it may be in respect of taking some order as regards property; it may be in respect of many other matters. Except in the case of declaratory decrees or decrees of a similar nature, the decree in favour of one person against another requires the person against whom the decree is made liable to do something or to refra