PAGE, CUMING
Abdul Alim – Appellant
Versus
Abdul Hafez – Respondent
JUDGMENT
Cuming, J. - This appeal which is by the judgment-debtor arises out of certain execution proceedings. The facts are these : The plaintiff brought a suit for the recovery of certain properties which were described in four schedules. He obtained a decree on 31st March 1908, so far as regards the properties in Schedule IV. His claim for the properties in Schedules I, II, III was dismissed. Against that portion of the decree by which his claim was dismissed, he appealed first to this Court and then to the Privy Council. He was equally unsuccessful in both Courts. The order of the Privy Council dismissing his appeal is dated 22nd January 1920.
2. There was no appeal by either party regarding the Schedule IV properties. The decree-holder then on 8th December 1922, applied for execution of the decree so far as Schedule IV properties were concerned. The judgment-debtor objected that the decree could not be executed now as it was barred by limitation. He contended that limitation began to run from the date of the decree in the suit in 31st March 1908, by the trial Court. The decree-holder contended that limitation ran from 22nd January 1920, the date when his appeal was finally dispo
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