BHAGWATI DIN Vs. RAM PRASAD

JUDGEMENT

(1.) This is a decree holder's appeal and the only point for consideration is whether an execution application made by the appellant in the lower Court was barred by limitation. The facts briefly are as follows. The appellant Bhagwati Din obtained a decree against two persons Ram Prasad and Mt. Badami on 6-11-1933. Thereafter Ram Prasad applied for instalments and for the reduction of interest under the Agriculturists' Belief Act and the interest was reduced and instalments granted, the last instalment being payable on 4-7-1940.

(2.) One Nand Kumar had a decree against Bhagwati Din appellant. On 16 12 1941 Nand Kumar applied for execution of his decree by attachment of the decree in favour of Bhagwati Dm. Notices were sent to Bhagwati Din and to the judgment-debtors, Ram Prasad and Mt. Badami but it is not clear whether the decree in favour of Bhagwati Din was in fact attached. But we will assume that it was attached. The application of Nand Kumar was, however, ultimately dismissed on 31-7-1942.

(3.) On 22 2-1945 Bhagwati Din applied for execution of his decree. He also prayed that the heirs of Mt. Badami who had died in the meanwhile be also brought on the record. These heirs were, Ram Prasad one of the judgment debtors and Babu Ram. Notices were issued to Ram Prasad and Babu Ram but they did not appear. The Court made the order of substitution as was prayed for by Bhagwati Din. Ultimately, however, this execution application was consigned to the record room. Then Bhagwati Din made a second application for execution on 26-7-1946. Ram Prasad objected that the execution application was barred by time. The trial Court held that the application was not barred by time but on appeal the lower appellate Court upheld the objection of the judgment-debtor.