( 1 ) THE petitioners have filed this revision under Section 115 of the Code of civil Procedure ("code" hereafter) as they are aggrieved by the order dated 7-3-2006 passed by learned XIIth Civil Judge, Class-I, indore, in Civil Execution Case No. 38-A/82x2000, whereby the application of the petitioners to challenge the execution application as barred by limitation has been rejected. The present petition arises out of the following facts :-

( 2 ) THE deceased Mohammad Jamil had filed a Civil Suit No. 38-A/82 against deceased bherulal for ejectment and possession of the disputed house in 1982. In the said suit deceased Bherulal was proceeded ex parte and the suit was decreed ex parte on 27-7-1982. An application for execution of the said decree was filed on 22-6-2000. Meanwhile on behalf of the deceased /defendant misc. Judicial Case No. 21/84 for setting aside the said decree under Order ix Rule 13 of the Code was filed on 14-12-1984 and the same was dismissed on 25-11-1989. Against the said dismissal, the defendants/judgment-debtors filed appeal. That appeal was registered as Misc. Appeal no. 10/89 and the same was re-registered later at No. 1/01 and was decided on 14-8-2001 on the

Click Here to Read the rest of this document