( 1 ) THE facts giving rise to this appeal are quite simple. Soni Bhailal Damji of Bhuj obtained a decree for a sum of Rs. 1329-3-6 together with costs of the suit and future interest against the appellant - defendant in Regular Civil Suit No 8 of 1952 in the Court of the Civil Judge (J. D) at Bhuj. The suit was decided on 31-12-52. A decree in pursuance of the judgment was drawn up and signed by the learned Judge on 2-2-53. The plaintiff-judgment-creditor thereafter filed Darkhast No. 12 of 1956 in the same Court for recovering the amount due under the decree against the defendant-judgment-debtor. That was filed on 27 Before registering the Darkhast the office had raised a point as to how the Darkhast was in time. From the endorsement made on the Darkhast application it appears that after hearing the learned advocate for the judgment-creditor the Darkhast was ordered to be registered. Notice was directed to be issued to the judgment-debtor. The notice had come back unserved as the period for his appearing in the Court was over. On that day it appears that the decree-holder did not prosecute his Darkhast and it came to be disposed off on 21-5-56. Thereafter on 19-3-