MODI, J.—This is a civil regular second appeal by the defendants Ganeshmal and Tarachand alias Otmal against an order of the learned Civil Judge, Sirohi, dated the 1st March, 1961, by which he set aside the judgment and decree of the trial court dismissing the plaintiffs suit as barred by time and remanded it back to the Munsiff for disposing of it on the merits.

2. This was, to start with, a simple suit under O.21, r. 63 C.P.C. which was instituted in the court of the Munsiff Sirohi on the 18th July, 1957, and has had a chequered history principally because it has been mis-handled by the parties and the courts below and the court of first appeal in particular (Mr. Sardar Singh Civil Judge, Sirohi). The plaintiff Nathmal and his son Meghraj alias Maganlal obtained a money decree against defendant No. 2 in this appeal and took out execution thereof. They attached two houses alleging them to be of the judgment-debtor Pratapchand, the description whereof was given in paragraph 2 of the plaint. Defendants respondents Ganeshmal and Tarachand alias Otmal raised on objection before the execution court under O.21, r. 58 C.P.C. to the effect that the said houses had been mortgaged to them by

Click Here to Read the rest of this document