This is an appeal filed by the State of Raiasthan, original decree-holder, against the respondent (judgment-debtor) under Section 47 of the Civil P.C. (which will be hereinafter referred to as "the Code"), against the order passed by the learned Civil Judge, Senior Division, Godhra, dated 24-12-1970, dismissing Special Darkhast No.9 of 1967, filed by the appellant, to execute a money-decree obtained by it against the respondent in Special Civil Suit No. 6 of 1953, of the District Court of Alwar in Rajasthan. The Darkhast has been dismissed on the ground that it has been time-barred.

2. The facts giving rise to this appeal briefly stated, are as under:

The date of the decree passed in Special Civil Suit No.6 of 1953, by the District Court, Alwar, Raiasthan, is 13-12-1955. On 13-12-1958, the decree-holder filed Darkhast No.34 of 1958 in the District Court at Alwar. On 14-7-1959, it was disposed of as there was no property of the judgment-debtor within the territorial jurisdiction of that Court. On 20-2-1960, the decree-holder filed miscellaneous Application No.6 of 1960 in the District Court, Alwar, to transfer that decree to the Court of the District Judge, Panchmahals at Godhra. On 5-3-1960, the order of transfer prayed for, was made and on the even date, certificate of non-satisfaction, as required, was also issued. These papers were in Hindi language. Those papers were received by the District Court, Godhra on 14-3-1960. The District Court, in its turn, sent those papers to the Court of the Civil Judge, Senior Division, Godhra, on 5-4-1961. Civil Judge, Senior Division, Godhra, suo motu sent the papers back to the District Court, Alwar for translating those documents, as those documents were in Hindi language, on 7-4-1961. On 10-4-1961, papers were received back at Alwar. On 11-5-1961, papers were translated. New certificate of non-satisfaction was re-issued in English language. All those papers with translation were received back by the District Court, Godhra, on 12-6-1961. Present Special Darkhast No.9 of 1961 was thereafter filed by the decree-holder (appellant) in the Court of the Civil Judge, Senior Division on 27-11-1967.

3. The learned Civil Judge, Senior Division, found that this Darkhast was clearly time-barred. The final order was passed in Miscellaneous Application No.6 of 1960 by the Alwar District Court regarding transfer of the decree to the Executing Court on 5-3-1960 and certificate of non-satisfaction was also issued on that date. The period for filing an application for execution commenced from that date. Darkhast has been filed on 27-11-1967, i.e., more than three years after that relevant date, when the period of limitation commenced, viz. 5-3-1960, and the right to execute the decree having been already time-barred, prior to the date of coming into force of the Limitation Act, 1963 (which will be hereinafter referred to as the "new Act"), i.e., 1-1-1964, that Darkhast was time-barred.

4. Mr. Y.B. Bhatt, learned Asstt. Govt. Pleader, appearing for the appellant, urged that it was only on 11-5-1961, when the papers were translated and new certificate of non-satisfaction was re-issued in English language, the period of limitation would commence. Prior to the expiry of three years from that date, when the right to execute would be time-barred under the Indian Limitation Act, 1908 (which will be hereinafter referred to as the "old Act"), the new Act having come into force on 1-1-1964, the period of limitation would be governed by Article 136 of the New Act. The decree was dated 13-12-1955, and this Darkhast had been filed on 27-11-1967. It. therefore, means that the Darkhast has been filed within 12 years from the date of the decree. That being the position, the Darkhast is not time-barred.

5. Mr. Bhatt's submissions were:

(1) Date from which period of limitation commences is the date when the material papers were received by the District Court, Godhra, after the necessary translations, i.e., 12-6-1961.

(