SANTI RANJAN DASS GUPTA Vs. DASURAM MIRZAMAL

JUDGEMENT

(1.) This appeal by certificate is from the order dated 26 July, 1967, of the High Court of Assam.

(2.) The only question in their appeal is whether the respondent's application filed on 27 July, 1965, for execution of the decree obtained by him is barred by limitation.

(3.) The respondent on 7 January, 1952, obtained a decree against the appellant for the sum of Rupees 71,980 in a money suit filed in the Court of Subordinate Judge, Gauhati. On 8 December, 1956, the respondent decree-holder filed an application No. 89/56 for executing the said decree. On 15 July , 1957, the appellant, the Judgement debtor , filed an application pleading adjustment of the decree. On 15 April, 1958 the judgment debtor withdrew the said application. On 18 December, 1957, the Subordinate Judge, Gauhati dismissed the decree-holders' application No 89/56. The decree-holder preferred an appeal. The High Court at Gauhati on 1 July, 1959 set aside the order of the Subordinate Judge and allowed the appeal for execution of the decree.