Judgement

Appeal (No. 89 of 1923) from a decree of the High Court (November 30, 1921) reversing a decree of the Subordinate Judge of Rajshahi.

The suit was brought by the appellant on July 9, 1917, to recover possession of certain lands under an award of arbitration dated June 10, 1905. In 1905 the appellant had applied to the Subordinate Judge under s. 525 of the Code of Civil Procedure, filing the award and praying for a decree; a decree was

89 Law. Rep. 52 Ind. App. 79 ( 1924- 1925)

Sasi Sekhareswar Roy V. Lalit Mohan Maitra 190

made on March 17, 1906, in the following terms " It is decreed that this suit be decreed in terms of the award, annexed hereto."

The defendant, by his written statement, pleaded (inter alia) that the award having been made a decree no second suit would lie, the remedy being by executing the decree of 1906, and that that remedy was barred by limitation.

The Subordinate Judge held that the decree was not capable of execution and that the suit therefore was not barred by s. 47 of the Code of Civil Procedure, 1908.

The High Court reversed the decree. The learned judges (Woodroffe and Ghose JJ.) were of opinion that the decree was capable of execution, and that