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1970 Supreme(P&H) 123

R.S.NARULA, C.G.SURI
Lakhpat Rai Sharma – Appellant
Versus
Atma Singh – Respondent


Judgment

1. This appeal under C1.10 of the Letters Patent against the judgment of a learned Single Judge of this Court, dated November 2, 1966, dismissing Execution First Appeal No.50 of 1962, and upholding the order of the executing Court dismissing the application of the decree-holder-appellant for execution of his decree against the respondent as barred by time, has been filed in following circumstances:appellant obtained a money decree from the High Court of Singapore on September 22, 1954. Though the foreign law of Singapore has not been formally proved, both sides are agreed that the flat period of limitation for execution of the decree in the Singapore Court was twelve years. In view, however, of an earlier decision of this Court (P. C. Pandit, J.) inter partes, dated December 9, 1960, since reported in Lakhpat Rai Sharma V/s. Atma Singh, ILR (1961) 2 Punj 166 = (AIR 1962 Punj 228) the question of limitation relating to the execution proceedings under reference has to be decided according to Indian law, and the foreign law cannot be looked at for that purpose. Admittedly, no step for execution of the decree was taken in any Court in this country within three years of the date



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