CHANDRASHEKAR GURUPADAPPA KALADAGI Vs. BASAWANNEPPA SHIDAPPA MALI

JUDGEMENT

(1.) This appeal arises in execution proceedings, and the only question of law for decision is one of limitation. The facts leading to this appeal are as follows:

(2.) One Sadashiva Mathade instituted Civil Suit No. 3 of 1942 in the Court of the Civil Judge, Junior Division, Bailhongal, against one Shiddappa Mali. That suit was dismissed. Besides, the Court awarded compensatory costs of Rs. 500 against the plaintiff and directed him to pay the same to the defendant. The appellate Court confirmed that decree in Appeal on 31-1-1946.

(3.) One Krishnaji Joshi filed Civil Suit No.189/45 against Shiddappa Mali who was the defendant in C.S. No. 3 of 1942, and in whose favour, as already stated, there was decree for payment of Rs. 500 as compensatory costs. Krishnaji attached the said decree in C.S. 3/42 before judgment. Krishnaji's suit was decreed and the order of attachment was made absolute on 14-8-46. Krishnaji then made an application on 23rd July 1946 to the Debt Adjustment Board under the Bombay Agricultural Debtors Relief Act for the adjustment of the debts due to him under the decree in Civil Suit No. 189 of 1945. That application came to be dismissed on 29th December 1954 on the ground that the debt due under the decree was adjusted out of Court.