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1985 Supreme(Ori) 122

D.P.MOHAPATRA
GYANENDRA PRADHAN – Appellant
Versus
KANAK DEI – Respondent


Advocates Appeared:
M.R.Panda

D. P. MOHAPATRA, J.


( 1 ) SRIMATI Kanak Dei, opposite party No. 1 is a plaintiff, decree-holder and the petitioner and opposite parties 2 to 5 are the defendants Judgment debtors in Execution Case No. 100/81 pending before the Munsif, 1st Court, Cuttack. The execution case arises out of Title Suit No. 111/69. The petitioner's application under S. 47, Civil P. C. having been rejected by the executing court by order dated-5-11-81 she has filed thus application under S. 115, Civil P. C. The maintainability of the execution case was challenged on several grounds, the principal one being one of limitation. According to the petitioner the execution case is barred by limitation in view of the provisions of Art. 135 of the limitation Act, 1963.

( 2 ) THE decree in Title Suit No. 111/69 was signed on 10-2-1975. The effective portion of the decree read as follows : -"it is ordered that the suit be and the same is decreed on contest against defendant Nos. 1 to 3 and ex parte against the rest of the defendants with costs and it is ordered that the plaintiff shall recover possession of the two roomed house standing on the suit land from the defendants and the defendant Nos. 1 and 2 shall give




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