Wanchoo, C.J —This is an appeal by Messrs Ramjiwan Ramnath against the order of the Civil Judge Merta, dismissing the application filed by the appellant against Roop Chand and others for execution of a decree obtained by them against the respondents from the Culcutta High Court on the ground that execution was barred by limitation, and there had been no revivor as contemplated by Art. 183 of the Limitation Act.

2. The facts are that the appellant obtained a decree against Chhogmal and his sons Roopchand and others, who are respondent in the present appeal, from the Calcutta High Court on the 3rd of February, 1938. The appellant got this decree transferred to Aligarh in 1949, and applied for execution by arrest of Chhogmal, judgment-debtor, in December 1949. The proceedings in the Aligarh court are said to have come to an end sometimes in 1950. Thereafter, the appellant got the decree transferred to the court at Merta and applied for execution.

3. The execution of the decree was objected to by the judgment-debtors respondents, and, among other pleas, they raised a plea that the execution was barred by time. The case of the appellant decree-holder, however, was that by virtue of the ex

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