Abdul Quddus vs Sayed Ahmad Husain - 1922 Supreme(All) 429

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1922 Supreme(All) 429

Abdul Quddus – Appellant
Versus
Sayed Ahmad Husain – Respondent

JUDGMENT

Gokul Prasad, J. - This is an appeal arising out of execution proceedings. The decree-holder is the appellant. He obtained a simple decree for money u/s 90 of the Transfer of Property Act on the 10th of January, 1916. The first application for execution was made on the 14th of August, 1917, and certain property was attached and later on all costs for sale were deposited. On the 28th of January, 1918, one Musammat Amir Bibi put in an objection claiming that the property was hers. On the 16th of February, 1918, the decree-holder put in his application to summon witnesses in reply to the objection filed by Musammat Amir Bibi in which the 23rd of February, 1918, had been fixed for disposal. The property was released from attachment and the application for execution was dismissed in default. On the 14th of November, 1920, the present application for execution was made and the judgment-debtor promptly pleaded limitation. The first Court dismissed the judgment-debtor's objection and directed execution to proceed. On appeal, however, the learned District Judge had referred to a large number of rulings and dismissed the present application as being barred by time. In this the learne

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