MAHIJIBHAI MOHANBHAI BAROT Vs. PATEL MANIBHAI GOKALBHAI

JUDGEMENT

(1.) THE following judgements of the court were delivered by:

(2.) THESE appeals arise from two miscellaneous applications made to the trial court which was the court of the Civil Judge, Nadiad in the State of Gujarat. One of these applications was for execution of orders for costs awarded and the other was under s. 144 of the Code of Civil Procedure for restitution of money and property taken in execution of a decree reversed in appeal. 'Me appellant is the successor-in-interest of the plaintiff in the suit out of the proceedings of which these appeals arise and the respondents were the defendants there.

(3.) ON the other application, namely, the application for restitution under s. 144 of the Code, I have come to a conclusion different from that of my learned brother. The question here also, as I have already said, is whether the application had been made beyond the time specified and was barred. The appellant, who was the defendant to that application, contended that an application under s. 144 was not in execution and would be governed by Art. 181 of the Limitation Act which covers applications not specially provided for in the Schedule to that Act and not by Art. 182 relating to execution. The respondents who wanted the restitution, contended on the other hand that the case came under Art. 182 as the application for it was really one in execution. Subject to certain questions which I will later discuss, it is not in dispute that if Art. 181 applied, then the application would be barred while it would not be so if the case was governed by Art. 182.