Untwalia & M.P. Verma JJ.

This is a JUDGMENT : – debtor’s Miscellaneous First Appeal from the ORDER :dated the 19th September, 1966 passed by the court below in Miscellaneous Case No. 10 of 1966, by which it has refused the objection of the appellant under Section 47 of the Code of Civil Procedure. There was a compromise decree passed on 14.9.1960. The appellant filed an application under Section 151 of the Code of Civil Procedure, asking the Court which had passed the decree to set it aside or to recall it on the ground of fraud. That Court rejected this application on 18.2.1961, holding that fraud was not proved. The appellant preferred an appeal to this Court which was eventually dismissed on 6.4.1964 on the finding that no appeal lay from the ORDER :dated 18.2.1961 of the court below. The execution case in which the objection was filed by the appellant was levied by the decree-holder-respondents on 27.4.1966. The appellant took two objections; (i) that the decree is not executable, and, (ii) that the execution case is barred by limitation. The learned Additional Subordinate Judge has repelled both the objections and hence the appeal by the JUDGMENT :-debtor.

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