HAR SAHAI Vs. JUGUL KISHORE

JUDGEMENT

(1.) Her Sahai and his brothers applied under the provisions of the Encumbered Estates Act. Among the property which the Special Judge reported, under Section 19 (2) of the Act, to be liable to attachment and sale in satisfaction of the debts of the applicant was a decree held by, them against Jugal Kishore, Ram Achari and Bam Autar, When the matter came before the Collector under Section 24, Encumbered Estates Act, Jugal Kishore applied on 8-10-1945, stating that the decree was barred by time and so should not be included in the list of the property of Bam Sahai and others. oN the same day the following order was passed : "File. No. Action to be taken on these decrees." (In the order-sheet which is also signed by the Presiding Officers the following entry is made "Digriyat be wajch hone beroon miad nilam say bari ki jayain aur uspar kisi karrawaee ki zarurat nahin hai.")

(2.) On 11-8-1943, the decree-holders applied for execution of their decree against Jugal Kishore and others. Upon this the judgment-debtors filed an objection, under Section 47, Civil P. C., on 28th September 1943. They pleaded: (1) That the decree was time-barred: (2) That the matter relating to limitation bad been decided between the parties in the Court of Sub-Divisional Officer Manakapur in the Encumbered Estates Act proceedings: (3) That the decree sought to be executed was based on a fictitious pronote.

(3.) The trial Court framed the following four issues: