ADITYA KUMAR TRIVEDI, J.

1. A complicated, complex, intricate issue having of great significance has arisen as perceived after hearing rival contentions with regard to ambit and scope of Article 136 of the Limitation Act.

2. Petitioner, who happens to be judgment-debtor, has questioned proprietary of as well as continuance of Execution Case No. 02 of 2008 pending before the Subordinate Judge-VII, Vaishali at Hajipur and for that, filed petition to dismiss the same, which has been rejected by the learned lower Court vide order dated 28.09.2011, on account thereof, the same has been challenged under instant petition.

3. In order to have proper appreciation of the facts as well as law, factual matrix of the present episode is to be taken note of. Respondent/plaintiff had filed Title Suit No. 19 of 1987 asking for a relief for declaration of a conditional sale deed dated 28.01.1984 executed by the defendant/petitioner/judgment-debtor in his favour to become an absolute, (B) if the Court finds any kind of impediment in granting the aforesaid relief then an alternative decre