The execution case was not barred by limitation and the decree could be sent directly to the Civil Court for execution.

JUDGMENT :

L. Mohapatra, J. - This revision has been filed against the order dated 9-3-98 passed by the Civil judge (Senior Division), Bhadrak, rejecting the application filed by the petitioners u/s 47 read with section 151 of the Code of Civil Procedure.

2. The case of the petitioners is that a decree was passed against them by the Calcutta High Court in Suit No. 105 of 1983 and the said decree was transmitted to the court of the learned Civil Judge (Senior Division), Bhadrak for execution. It was contended on behalf of the petitioners that the decree was passed in the suit on 5-3-1984 and the decree having been sent for execution by the Calcutta High Court on 2-8-1996, the same is clearly barred by limitation and it cannot be executed. It was also contended that the decree is not executable against the petitioners in their individual capacity as the same has been passed against M/s. R. B. Trading Company.

3. An objection was filed on behalf of the opposite party stating that the suit had been filed in the Calcutta High Court under its Original Civil Jurisdiction praying for a decree of Rs. 1,39,473.63 p. against the petitioners and the suit having been decreed, petitioners are liable to pay the same with interest. Since in spite of the decree the judgment-debtors, that is, the petitioners, did not take any step for payment of the decretal dues, the opposite party had no other option excepting approaching the court for execution of the decree and therefore, this Execution Case was filed before Hon'ble Calcutta High Court on 16-5-1984 praying for realisation of Rs. 2,59,378.43 p. as well as Rs. 5,000/- towards cost of the suit and the Hon'ble Calcutta High Court transferred the Execution Case to the Civil Court, Bhadrak, on 12-8-1996, Therefore, the Execution Case was well within time.

4 The learned Civil Judge (Senior Division), Bhadrak, rejected the application on the ground that in the year 1984 the order was passed by the Calcutta High Court to transmit the decree to the court of the District Judge, Bhadrak, for execution and therefore, the execution proceeding was not barred by limitation. Other objections raised by the petitioners were also turned down.

5. Learned counsel Shri P. Kar, appearing for petitioners, has raised two points; namely.

(a) Decree having been passed against the company and its Managing Director, making them jointly and severally liable, the executing court cannot proceed against the personal property or the Managing Director and he relies on a decision reported in Hrushikesh Panda Vs. Indramani Swain and Another,

(b) The decree is not executable being barred by limitation; &

(c) The decree having been sent to the court of the Civil Judge (Senior Division), Bhadrak, directly, the same cannot be entertained as under the provisions of law the decree has to be sent to the District Court and not to the Civil Judge (Senior Division), Bhadrak. On this point the learned counsel has relied upon a decision of this Court reported in Ghanashyamdas Kejriwal Vs. Smt. Durga Devi and Others,

6. Coming to the second question as to whether the Execution Case-is barred by limitation or not, it is necessary to find out the date on which the decree was passed and the date on which it was sought for being executed. There is no dispute about the fact that the decree was passed by Calcutta High Court on 1-2-1984. From paragraph 9 of the impugned judgment it appears that on 14-9-94 the Calcutta High Court had passed an order to the following effect :

"Certified copy of the decree dated 1-2-84 together with the certificate of non-satisfaction be transmitted to the District Court, Bhadrak, Orissa".

It is, therefore, clear from the aforesaid order that steps had been taken by the opposite party to get the decree executed at least in the year 1994, that is within twelve years from the date of passing of the decree. From Annexure-1 to the revision petition it appears that the decree was sent to Bhadrak Court for execution on 9-8-96. If t