BHANDARI, J.—These two appeals involve important questions relating to the law of limitation and have been referred by a Division Bench to a Full Bench.

2. In Appeal No.8 of 1958, a decree was passed by the then High Court of Bikaner on the 28th of July 1941 in exercise of its original jurisdiction in favour of the former Bikaner State against Thakur Sangram Singh of Ghulal. On the 30th of July 1941, an application for the enforcement of the decree by means of arrest of the judgment debtor was filed in the Bikaner High Court. This application was consigned to record at the request of the decree-holder on the 27th of February 1942. As a result of the constitutional changes, the assets and liabilities of the former Bikaner State devolved on the State of Rajasthan under Art. 295 of the Constitution and the State of Rajasthan applied for enforcement of the aforesaid decree against the judgment debtor in this Court on the 13th of July 1953 and it was sent to the District Judge, Bikaner, for execution. Later on, by the order of this Court dated the 4th of November 1955, the case was transferred to the District Judge, Jhunjhunu for execution in accordance with law. From that court it was transferred to the Civil Judges Court. In that court an objection application under sec. 47 C.P.C. was filed by the judgment debtor raising various pleas against execution of the decree, one of which was that the execution application was barred by time. The learned Civil Judge decided this question first and held that the application for enforcement of the decree was barred by time and dismissed it and against that order this appeal has been filed by the State.

3. In order to appreciate the contentions of the parties it is necessary to refer to the provisions of law of limitation bearing on this point. At the time when the decree was passed, the Bikaner State Limitaion Act, 1920 (II of 1920) (hereinafter called the Bikaner Limitation Act) was in force. This law was practically on the same lines as the Indian Limitation Act, 1908. The relevant portion of Art. 165 of the First Schedule to that Act ran, as follows;—

Description of application period of limitation. Time from which period begins to run.

165. To enforce a judgment, decree or order of the High Court in the exercise of its ordinary original civil jurisdiction, or an order of His Highness the Maharajah. Twelve years When a present right to enforce the judgment decree or order accrues to some person capable of releasing the right

On the integration or the former State of Bikaner into the State of Rajasthan on the 6th of April 1949, His Highness the Rajpramukh promulgated the Rajasthan Limitation Act (Adaptation) Ordinance, 1950 (No.VI of 1950 (Hereinafter called the Rajasthan Ordinance) which came into force at once. By sec. 3 of this Ordinance the Indian Limitation Act, 1908 was brought in force in the whole of Rajasthan with effect from the date on which the Ordinance came into force. By sec. 4 read with the Schedule, Art. 183 of the Indian Act was omitted. By sec. 12 of the Indian Limitation Act, all limitation Acts or Ordinances in force in any part of Rajasthan were repealed. Sec. 9 which runs as follows made special provisions for certain suits etc: —

Special Provisions for certain suits etc.—

(1) Notwithstanding anything contained in this Ordinance and in the Indian Act thereby adapted to Rajasthan :—

(a) any suit for which the period of Limitation prescribed by the said Act is shorter than the period of limitation prescribed by any law relating to limitation of suits in force in any part of Rajasthan on the date of the commencement of this Ordinance and repealed by sec. 12 thereof may be instituted within the period of two years next after such date or within the period prescribed for such suit by the aforesaid law, whichever period expires first, and

(b) any suit, application or proceeding for which a period of limitation is prescribed by the said Act but for which no period is prescribed by

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