M.P.VARMA, HARI LAL AGRAWAL
Kali Prasad Bajpayee – Appellant
Versus
Bhagwat Prasad And Another. – Respondent
HARI LAL AGRAWAL, J.
1. This miscellaneous second appeal is by the judgement debtors against the order of the lower appellate court overruling their objections to the executability of the decree on the ground of limitation. They had succeeded in the trial court on this ground, but on appeal by the decree holders the court of appeal bellow has defeated them.
2. The relevant facts are these decree holders obtained a decree on 23-6-1957 against the judgement debtors for a sum of a little over Rs. 3,500.00 besides posts. They put the decree in execution for realising its fruits by filing successive applications but unfortunately they failed so far to reap the fruits of the decree. When the decree holders had filed Execution Case No. 194 of 1960 and proceeded against certain properties a claim case under Order 21 Rule 58 of the Code of Civil Procedure was filed by one Bishwanath Prasad. The executing court allowed the claim case by its order dated 12-12-1960. The decree holders, perhaps, being unable to find out any other mode of execution of the decree, did not take any further step in execution proceeding which was dismissed for defendant on 16-1-1961. They, however, filed a t
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