UNION OF INDIA UOI Vs. SRIPAD SHANKAR KULKARNI

JUDGEMENT

(1.) This Decree holders' Revision is directed against the order dated 12-12-1978 passed by the Additional Munsiff. Jamkhandi, in Execution Case No. 39/1978 dismissing the same.

(2.) The Judgment-Debtor had filed a suit in Special Civil Suit No. 13/62 against the Decree-holders in the Court of the Civil Judge, Senior Division, Sangli and obtained a decree. During the pendency of the suit Rs. 5743-75 on 17-4-1964 and Rs. 379-50 on 8-12-1967 had been deposited by the Decree-holders. The present Decree-holders approached the High Court of Bombay in First Appeal No. 93/1964 challenging the decree passed by the Civil Judge, Senior Division, Sangli in Special Civil Suit No 13/62. The High Court of Bombay allowed the appeal on 6-8-1968 and the Judgment and decree of the Civil Judge, Senior Division, Sangli, were set-aside. The present Decree-holders filed a restitution application under Section 144 C.P.C., in the Court of the Civil Judge, Senior Division, Sangli, on 12-1-1973. The Civil Judge, Senior Division, Sangli, by his order dated 26-4-1974 ordered that the present Decree-holders do recover Rs. 6123-25 from the original plaintiff, that is, the present judgment-debtor together with interest at 6 per cent from the date of filing the application until its realisation. That Execution ordered was transferred to the Munsiff, Jamakhandi. That Execution is numbered as Execution Case No. 39/78 and was filed on 15-4-1978. The decree-holders, it appears, had filed an application for attachment of judgment-debtor's land situated in the village of Jamakhandi Taluk, under Order 21 Rule 54 C.P.C.

(3.) The Judgment-debtor raised a contention that the application filed under Section 144 C.P.C. for restitution by Decree-holders was barred by limitation and therefore, it was a decree passed without jurisdiction and it was a nullity and therefore, it was incapable of execution.