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1960 Supreme(Raj) 273

DAVE, RANAWAT
Sunder Bai – Appellant
Versus
Tarachand – Respondent


Advocates Appeared:
Hukmichand Jain, for Appellants; Chand Mal Lodha, for Respondents

RANAWAT, J.—This is a civil execution first appeal by Jeevraj judgment-debtor from an order of the Senior Civil Judge, Jalore, dated the 1st of September, 1956, dismissing an objection petition filed by the appellant and holding that the execution petition of the decree-holder dated the 10th of July, 1954 was within limitation.

2. The facts leading to this appeal may be briefly described as follows: —

3. Tarachand, Kundanmal, sons of Jetha, Kundanmal son of Megha and Chunilal son of Chaina, obtained a decree for an amount of Rs. 13,429/8/- against Jeevraj on the 19th of April, 1949 from the Court of the District Judge. The first execution petition was made by the decree-holders on the 3rd of May, 1949 which was dismissed on the 6th of February, 1954 and the second execution was presented by Tarachand in the Court of the Civil Judge, Jalore on the 10th of July, 1954. An objection petition was filed by the judgment-debtor on the 15th of January, 1956. It was pleaded by him that the execution petition was time-barred and that the decree was therefore not executable. The learned Civil Judge rejected the objection petition of the judgment-debtor and held that the second execution petition




















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