1966 Supreme(Bom) 100
PATEL
Kanji Karsandas Thakkar – Appellant
Versus
Lala Ambu Patil – Respondent
Advocates:
V. V. Divekar, for Applicant; G. N. Vaidya, for Opponent.
ORDER :- This is an appeal against an order made under Order 21, Rule 95 of the Civil Procedure Code. The short facts are that a suit was filed by the plaintiff for recovery of his monetary dues from the defendant, being Suit No. 340 of 1952. After a decree was made in that suit, a Darkhast was filed, being Darkhast No. 440 of 1957 for sale of the property. This Darkhast was filed on November 17, 1960. The property was sold in execution proceedings and it was purchased by the plaintiff and the sale was finally confirmed on February 24, 1961. The defendant-appellant took an appeal to the District Court and it was dismissed on January 29, 1962. The present application for possession was filed on January 29, 1965, the trial Court directed possession to be delivered. Then the defendant made an application for recalling of the order on the ground that the present application was barred by limitation. The contention was that the new Limitation Act of 1963 had come into force on January 1, 1964, and the period provided for recovery of possession by a purchaser at an execution sale is one year from the date title sale became absolute. The trial Court held that Article 134 did not apply, bu
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