LAWS(SC)-2008-11-109

RAM JI DASS Vs. INDIAN OVERSEAS BANK

Decided On November 28, 2008
RAM JI DASS Appellant
V/S
INDIAN OVERSEAS BANK Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the judgment and order dated 21.7.2005 passed by a learned Single Judge of the Punjab and Haryana High Court in civil Revision No. 3694 of 2005 whereby and whereunder the objection petition filed by the appellant herein under Section 47 of the Code of Civil Procedure was dismissed.

(3.) AS noticed hereinbefore, the revision application filed thereagainst was dismissed. Learned counsel appearing on behalf of the appellants would urge that the second execution application was not maintainable being barred by limitation. Although, the learned counsel is right that the second execution application of its own would not have been maintainable being barred by limitation as the decree was passed on 5.9.1987 and the said application was filed on 27.4.2000, but as it is evident that the respondent had also for all intent and purport filed an application for recalling of the said order dated 11.3.2000 and the learned executing Court having allowed the same, we are of the opinion that the first execution application having been revived, the execution case must proceed in accordance with law.