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RANKIN, PAGE
Najimunnessa Bibi – Appellant
Versus
Nacharaddin Sardar – Respondent
JUDGMENT
Rankin, J. - This is a title suit for lands by a lady against the judgment-creditors of her husband who caused the lands to be taken in execution as being the husband's property and bought them himself at the execution sale. The defendant's decree was obtained in 1910 in Suit No. 453 of 1909. On 4th November, 1910, he attached the lands and the plain-till filed a claim under Order 21, Rule 58 of the Code. Her claim was dismissed for default on 7th January, 1911. Nevertheless, the defendant as decree-holder took no further steps to bring the property to sale, and the execution proceedings were dismissed very soon afterwards for default whereupon the attachment ceased under Order 21, Rule 57. In 1918, the defendant issued execution against the same lands and purchased them at the auction sale. The Lower Appellate Court has disposed of the case on the footing that the second execution was under the same decree.
2. The present question is whether, on the assumptions, this suit brought in 1918 is barred by Article 11 of the Limitation Act not having been brought within a year of the dismissal of the claim case.
3. For the appellant, it is contended that when the execution proceedi
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