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1952 Supreme(P&H) 20

KAPUR
L. Ram Saran Dass – Appellant
Versus
Sundar Singh – Respondent


Judgment

Kapur, J.

1. This judgment will dispose of two appeals--E. F. A. No. 116 of 1950 and E. F. A. No. 55 of 1951. They arise out of execution proceedings, one in regard to a decree dated the 23rd July, 1937, for a sum of Rs. 7697/- and the other out of a decree dated the 6th August, 1937, for a sum of Rs. 2354/-. The last execution in both these decrees was taken out in August, 1948. An objection having been taken that the judgment-debtors were debtors as defined in Section 7 of the Punjab Relief of Indebtedness Act, it was held that the period of limitation for the execution of these decrees was reduced from 12 years as given in section 48 of the Civil Procedure Code to 6 years as provided for by the Punjab Debtors Protection Act.

2. In appeal Mr. Hem Raj Mahajan has submitted in the first instance that as the Punjab Alienation of Land Act has been declared to be void under Article 13(1) of the Constitution of India, therefore he can take advantage of the period of 12 years as provided for in section 48 of the Civil Procedure Code. He relies on the observation of Mr. Justice Varada-chariar in -- Lachmeswar Prasad V/s. Keswar Lal, AIR 1941 F. C. 5.

In my opinion, it is not the


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