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1975 Supreme(Pat) 218

S.ALI AHMAD, SHAMBHU PRASAD SINGH
Sri Chandra Mouli Deva – Appellant
Versus
Kumar Binoya Nand Singh – Respondent


Judgment

S.ALI AHMAD, J.

1. This appeal by the decree-holder opposite party arises out of an order passed u/s. 47 of the Code of Civil Procedure dismissing the execution case as barred by limitation.

2. To appreciate the points involved in the case, it will be necessary to mention a few dates. The judgment in Money Suit No. 17/3 of 1953/57 was delivered on 24.08.1957. The decree, which was for recovery of Rs. 21,154/13/4 besides costs, was sealed and signed on 16.11.1957. Execution petition was presented on 10.10.1969 for execution of the aforesaid decree. This application was registered as Execution Case No. 13 of 1969 before the Second Additional Subordinate Judge, Bhagalpur. The judgment-debtors respondents appeared and filed objection u/s. 47 of the Code of Civil Procedure contending, inter alia, that the decree could not be executed as it had become barred by lapse of time. The court below on a consideration of the materials placed before it came to the conclusion that Article 136 of the Limitation Act, 1963 (hereinafter to be referred to as the Act) was applicable and the fact that the junior advocate of the decree- holder-appellant was under the wrong impression that time beg






















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