(1.) This is an appeal filed by the State of Rajasthan, original decree-holder, against the respondent (judgment-debtor) under Section 47 of the Civil P. C. (which will be hereinafter referred to as "the Code"), against the order passed by the learned Civil Judge Senior Division, Godhra, dated 24.12.1970, dismissing Special Darkhast No. 9 of 1967, filed by the appellant, to execute a money-decree obtained by it against the respondent in Special Civil Suit No. 6 of 1953, of the District Court of Alwar in Rajasthan. The Darkhast has been dismissed on the ground that it has been time-barred.
(2.) The facts giving rise to this appeal, briefly stated, are as under: The date of the decree passed in Special Civil Suit No. 6 of 1953, by the District Court, Alwar, Rajasthan, is 13.12.1955. On 13.12.1956, the decree-holder filed Darkhast No. 34 of 1958 in the District Court at Alwar. On 14.7.1959, it was disposed of as there was no property of the judgment - debtor within the territorial jurisdiction of that Court. On 20.2.1960, the decree holder filed miscellaneous Application No. 6 of 1960 in the District Court, Alwar, to transfer that decree to the Court of the District Judge, Panchmahals at Godhra. On 5.3.1960, the order of transfer prayed for, was made and on the even date, certificate of non- satisfaction, as required, was also issued. These papers were in Hindi language. Those papers were received by the District Court Godhra on 14.3.1960. The District Court in its turn sent those papers to the Court of the Civil Judge. Senior Division. Godhra on 5.4.1961. Civil Judge, Senior Division, Godhra, suo motu sent the papers back to the District Court, Alwar for translating those documents, as those documents were in Hindi language, on 7.4.1961. On 10.4.1961, papers were received back at Alwar. On 11.5.1961. papers were translated. New certificate of non-satisfaction was re-issued in English language. All those papers with translation were received back by the District Court, Godhra, on 12.6.1961. Present Special Darkhast No. 9 of 1961 was thereafter filed by the decree-holder (appellant ) in the Court of the Civil Judge. Senior Division on 27.11.1967.
(3.) The learned Civil Judge, Senior Division, found that this Darkhast was clearly time-barred. The final order was passed in Miscellaneous Application No. 6 of 1960 by the Alwar District Court regarding transfer of the decree to the Executing Court on 5.3.1960 and certificate of non-satisfaction was also issued on that date. The period for filing an application for execution commenced from that date. Darkhast has been filed on 27.11.1967, i.e. more than three years after that relevant date, when the period of limitation commenced, viz. 5.3.1960. and the right to execute the decree having been already time-barred, prior to the date of coming into force of the Limitation Act, 1963 (which will be hereinafter referred to as the "new Act"), i.e., 1.1.1964, that Darkhast was time-barred.