RAU PARSU MARDIKHOT Vs. KALLAPPA BAHU SHETTI

JUDGEMENT

(1.) This is an execution appeal in which the only question involved is one of limitation. The appellant in this appeal was a person against whom a money decree had been made in a suit brought by the respondent. An execution application for the recovery of that amount was application for the recovery of that amount was presented by the respondent-decree-holder on July 18, 1953. But, in that application, the decree holder prayed for the execution of the decree against the appellant's son who was described as judgment-debtor. The decree-holder appears to have been under the impression that the appellant was dead and that the execution had, therefore, to be taken against his son.

(2.) It appears to have been subsequently discovered by the decree-holder that the appellant was really alive and that he had committed a mistake in asking for execution to proceed against his son. He, therefore, made an application on June 16, 1954, for permission to amend his execution application, by substituting for the son of the appellant the appellant himself. The amendment was allowed on June 17, 1954.

(3.) Thereupon, the appellant raised an objection that the execution application in so far as it related to him was time-barred. His contention was that the amendment which was allowed by the executing Court did not relate back to the date of the presentation of the execution application, but related only to the date of the presentation of the amendment application.