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1953 Supreme(Pat) 64

V.RAMASWAMI, CHOUDHARY
Rajindra Prasad – Appellant
Versus
Indrasan Prasad – Respondent


Judgment

1. This appeal is brought on behalf of the judgment-debtor against an order of the Subordinate Judge of Chapra, dated 30-6-1949, rejecting certain objections to the execution of a decree.

2. Mr. Hareshwar Prasad Sinha, who argued the appeal, submitted that the Subordinate Judge was wrong in holding that the terminus a quo for limitation was 17-11-1944, on which date the High Court dismissed the appeal preferred by the decree-holders against an order of the Subordinate Judge directing that lots 2 and 3 should be sold first and, in case the sale proceeds thereof were not sufficient, lot No. 1 should be sold. That appeal was presented in the High Court on behalf of decree-holders on 26-10-1942, but the final order of the High Court dismissing the appeal was made on 17-11-1944. While the appeal was pending in the High Court, the Subordinate Judge dismissed the execution case for default on 3-3-1943. The contention of Mr. Hareshwar Prasad Sinha on behalf of the appellant is that the time for limitation starts from 3-3-1943, and the Subordinate Judge ought to have held that the present execution case filed on 17-11-1947, was barred.

3. In our opinion, the argument advanced by Mr.







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