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1952 Supreme(All) 139

MUSHTAQ AHMAD
Sridhar Upadhya – Appellant
Versus
Lakshmi Prasad – Respondent


Advocates:
Kanhayalal Misra - for Appellant; S.N. Singh-for Respondent.

Judgment :- This is a decree-holders appeal and it raises only a Question of limitation.

2. The suit in which the decree was passed had been filed in the Court of the City Munsif Azamgarh. It was then transferred to the Additional Munsif who later became Munsif Haveli, Azamgarh. As Munsif Haveli he passed the decree in question on 28-8-1942. The decree was affirmed in appeal on 3-6-1943.

3. On 23-10-1945, the decree-holders made their first application for execution in the Court of the City Munsif, Azamgarh, instead of in the Court which had passed the decree, namely that of the Munsif Haveli, Azamgarh. The judgment-debtor objected to this application on several grounds, though not on the ground that the Munsif City Azamgarh had no jurisdiction to execute the decree. On 12-12-1945 the said application for execution was dismissed for default.

4. On 13-2-1946 the decree-holders made their second application for execution again in the Court of the City Munsif Azamgarh. Then also objections were taken by the judgment-debtor, and inter alia it was pleaded that this learned Munsif had no jurisdiction to execute the decree which had been passed by the Munsif Haveli. The learned City Munsif a
























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