VARDICHAND LADAJI Vs. ACHALAJI BABUTMAL AND CO

JUDGEMENT

(1.) This appeal is directed against the "order dated 7th November 1957 passed by the Civil Judge Senior Division, Bijapur in Special Darkhast No. 70 of 1954 overruling the contention of the appellant that the execution application was barred by limitation and was liable to be dismissed and directing the attachment of die moveables of the present appellant under Order XXI Rule 43 of the Code of Civil Procedure.

(2.) The first respondent obtained a decree against the present appellant and another for a sum of Rs. 20,235/- in Civil Suit No. 1 of 1940-41 on the file of the Civil Judge, Mudhol. The decretal order is in the following terms:

(3.) The judgment-debtors paid in all Rs. 8.900/ as under: Rs. 500/- on 28/5/1941 Rs. 20000/- on 27/11/1941 Rs. 900/- on 8/1/1943 Rs. 2,000/- on 21/10/1948 Rs. 2,000/- on 18/11/1945 Rs. 800/- on 1/9/1946 Rs. 700/- on 16/9/1946.