CAPS AND CONTAINERS Vs. BANK OF BARODA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) Challenge has been made to the order of the Judge, City Civil Court No.5, Ahmedabad dated 8-12-1993 below Ex.1 in Darkhast No. 742 of 1990 whereunder objection filed by the petitioners against the execution of the decree passed against them came to be rejected.

(3.) The facts of the case in short compass are that in summary civil suit No. 1079 of 1977 on 17th February, 1978 a decree was came to be passed by the learned trial court against the petitioners in favour of the Bank of Baroda, Ahmedabad, the plaintiff thereof. The execution application has been filed which came to be rejected on 27/09/1985. The present Darkhast is filed on 10/10/1990. An objection has been raised that this Darkhast is barred by limitation as 12 years have already been expired from the date of decree which objection was not accepted and the learned Executing Court issued the jangam warrant against the petitioners. Hence, this revision application before this court.