Judgement

Appeal (No. 23 of 1941) from an order of the High Court (November 11, 1938) which affirmed an order of the Additional District Judge, Raipur (August 20, 1935).

The following facts are taken from the judgment of the Judicial Committee. This appeal arose out of an execution proceeding, and the question for determination was whether the. application made by the decree-holder, the present respondent, for the execution of a decree which he had obtained against the appellants—the judgment-debtors—was barred by time. The District Judge and, on appeal, the High Court (Stone C.J. and Bose J.) held that it was not barred. The material facts were as follows One Madanlal Sao, the father of the respondent, obtained a decree against the appellants on February 1, 1932, in the Court of the Additional District Judge, Raipur, for Rs.32,185-5-3 with interest and costs. Before judgment, he had the immovable properties of the appellants attached under the Code of Civil Procedure. On June 27, 1932, which was within the period of three years prescribed by the Indian Limitation Act, Madanlal Sao applied for execution of his decree by the sale of the villages which had already been attached. On J