DALJIT SINGH Vs. DIN DAYAL

JUDGEMENT

(1.) This Civil Revision has been filed by Daljit Singh against an order of Shri P. L. Singla Additional Judge, Small Cause Court, Delhi, dated 5th June, 1970, where by an objection petition filed by the petitioner resisting the execution of a decree against him was dismissed.

(2.) The respondent. Din Dayal, filed a suit against the petitioner, Daljit Singh; on 19th April, 1963, for recovery. of a certain amount on the basis of a promissory note. The suit was decreed exparte against Daljit Singh on 14th August, 1963. The decree-holder. Din Dayal, filed an execution application within three years from the date of the decree and the same was dismissed as unsatisfied on 27th July, 1966. The decree-holder next filed an application for execution on 9th January, 1970. As the said application for execution was filed mote than two years after the dismissal of the first application, notice under Order 21 Rule 22 of the Code of Civil Procedure was ordered to be served on the judgment-debtor. In response to the said notice, the judgment- debtor, Daijit Singh, appeared and presented a petition raising an objection that the application for execution was barred by time.

(3.) By the impugned order, dated 5th June, 1970, the Additional Judge of the Small Cause Court held that the Limitation Act of 1908 was repealed and Limitation Act of 1963 came into force with effect from 1st January, 1964, that according to the new Limitation Act the period of limitation for taking out execution was 12 years, that there was no need for filing an execution application within three years as was required under Article 182 of the Limitation Act, 1908, and that the second execution application was, therefore, well within time as it was filed within 12 years from the dale of the decree. In that view, he dismissed the petition of the judgment-debtor. It is against the said order that the present Civil Revision has been filed by the judgment- debtor, Daljit Singh.