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1959 Supreme(MP) 182

P.V.DIXIT
NATHULAL – Appellant
Versus
NAND RAM – Respondent


Advocates Appeared:
G.G.SOHANI, R.G.VAGHAMARE

P. V. DIXIT, J.

( 1 ) THE facts of this revision petition are that the applicants obtained on 18-21952 from the Court of the Civil Judge, Ujjain, an ex parte money decree for Rs. 371-8-6 against Nandram. Thereafter! the opponent took proceedings for setting aside the ex parte decree which were ultimately dismissed pa 16-31955. The decree-holders then applied for framing of the decree and a copy of the decree being furnished to them. The decree was framed accordingly on 1210-1955. On 21-3-1957 the petitioners filed an application for execution of that decree, That application for execution was on the face of it barred by time. But the decree holders urged in the executing Court that they were entitled to a deduction of the time taken in the proceedings which the defendant opponent had taken for setting aside the ex parte decree. This argument found favour with the civil judge second class, Ujjain who held that the decree holders were entitled to the exclusion of this time under Section 5 Limitation Act and that on the exclusion of that time the application for execution was within time. The judgment-debtor then preferred an appeal in the court of the district judge of Ujjain. The te









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