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1950 Supreme(Ori) 6

RAY, JAGANNADHA DAS, NARASIMHAM
Ramachandra Mardaray Deo – Appellant
Versus
Bhalu Patnaik – Respondent


Advocates:
P.V.B. Rao - for Petitioner. R.N. Sinha, B.K. Pal, S.K. Ray and B.M. Patnaik - for Opposite-Party.

Judgement

NARASIMHAM, J. :- These sis revision petitions are against the order of the District Munsif of Aska rejecting sis execution petitions Nos. 269, 271, 272, 273, 275 and 277 of 1944 on the ground that they were barred by limitation. The revision petitions were first heard by my Lord the Chief Justice sitting singly and he was pleased to refer to a larger Bench in view of the doubt entertained by him regarding the correctness of two Division Bench decisions of the Patna High Court reported in Banwari Narain v. Ramhari Narain, AIR (29) 1942 pat. 335 : (197 L.C. 217) and Mohammad Sadique Mian v. Mahabir Sao, AIR (29) 1942 Pat. 410 : (21 Pat. 366). 2. The material facts which ate not in dispute are as follows : Execution petn. No. 269 of 44 arose out of a Small Cause Court suit which was disposed of on 1st August 1944 and the remaining five execution petitions arose out of Small Cause Court salts which were disposed of on 8th August 1941. In all those suits, the decrees were actually drawn up and signed by the Munsif on 21st August 1941, and the decrees not only bore the dates on which the suits were disposed of (1st or 8th August as the case may be) but also the date on which t
















































































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