(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)

1. The present appeal under Clause 10 of Letters Patent of Patna High Court has been preferred by the Branch Manager, Central Bank of India, Muradpur, Patna challenging the order dated 18-01-2010 passed by the learned Single Judge in CWJC No. 10884/2009 (M/s A. M. Brothers, Gobind Mitra Road, P.S. Pirbahore, District Patna vs. Union of India & Others). By the impugned order the learned Single Judge held that the order passed in Execution Case (OA) 12 of 2006 by the learned Presiding Officer of the Debt Recovery Tribunal at Patna condoning the delay in filing the Execution Case was beyond the jurisdiction as Section 5 of the Limitation Act is not applicable to such execution petition.

2. The facts are admitted and are short. The respondent No.1 is the writ petitioner who had applied to the Muradpur branch of Central Bank of India for cash credit loan, whereupon the cash credit limit of Rs. 50,000/- (Rupees fifty thousand) was sanctioned in his favour by the appellant- Bank on 08-04-1981. The respondent No.1 defaulted in making the payment of installments and the cash credit amount became irregular. A demand for payment of