JUDGMENT - 1. These two companion appeals raise a short point as to whether objection to the execution taken by the respondent - judgment - debtor on the ground of limitation is barred by constructive res judicata.

2. Although the decree - holders in these two cases are different, the Respondent - Judgment - debtor is common to both. The facts on which the above question arises are almost similar. It would be enough therefore, if the facts in the case in which Second Appeal NO. 147 of 1962 arises are stated. They are as follows :-

3. A money decree was obtained by the appellants against the respondent on 31-7-1939. The decree made the decretal amount payable by annual instalments and it contained a default clause to the effect that in default of payment of any two instalments, the entire balance due under the decree would be payable at once. The judgment - debtor having committed default in payment of the very first two instalments, the decree - holder filed an application for execution within three years from the date of default to realise the entire decretal amount. That darkhast was infructuous and was disposed of on 12-10-1943. A second darkhast which was filed by the decree - ho

Click Here to Read the rest of this document