RABIA BIBI Vs. MOHAMMADI BIBI

JUDGEMENT

(1.) The question raised by the appellants in this appeal is whether the application for execution of a decree passed against them was barred by time or not.

(2.) The decree was for money and was passed against the appellants and in favour of the respondent on 15-4-1947, and was amended on 2-8-1947. The appellants applied On 21-7-1948 for leave to appeal from it as paupers but their application was dismissed! and they paid the Court-fee on the memorandum of appeal on 3-11-1948, whereupon the appeal was admitted and a notice of it was given to the respondent. On 3-11-1952 it was dismissed for want of prosecution because translation and printing charges were not deposited by the appellants within the time allowed. On 17-10-1955 the respondent applied for execution of the decree and the appellants challenged its maintainability on the ground that it was barred by time. The appellants computed the period of three years limitation from 2-8-1947 while the respondent contended that it was to be computed from 3-11-1952. It cannot be disputed that if it was to be computed from 3-11-1952 the application was within time, The executing Court computed it from 3-11-1952 and held the application to be within time; that is the order impugned before us by the appellants.

(3.) Admittedly the question is governed by the provision of Article 182 of the Limitation Act, which provides that the period of three years limitation for the execution of a decree or order of a civil Court runs from; "(1) the date of the decree or order, or (2) (where there has been an appeal) the date of the final decree or order of the Appellate Court, or the withdrawal of the appeal, or" etc. 3a. Two questions arise, (1) has there been an appeal?, and (2) if so what is the date of the final decree or order passed in it?