PANNA LAL Vs. SM SARASWATI DEVI

JUDGEMENT

(1.) This a judgment-debtor's appeal against an order of the learned Additional District Judge, Kanpur rejecting his objections against execution and directing the execution court to proceed with the execution. As observed by the appellate court the amount involved is Rs. 100/- only but the judgment-debtor has thought fit to resist the execution to the extent of coming to this court in second appeal.

(2.) The decree-holder obtained a decree for possession and damages. Possession was delivered and the decree was satisfied to that extent. As regards the decree for damage she made several applications for execution which however were dismissed for default. On 4-1-1951 the judgment-debtor claiming to have satisfied the decree for damages outside the court, made an application under Order 21 Rule 2 C. P. C. The decree-holder opposed this application and prayed for its dismissal with costs. The application was ultimately dismissed, but the judgment-debtor filed an appeal which was not decided till 1956 when it was rejected.

(3.) On 14-2-1956 the decree-holder filed her final application for execution which has led up to the present appeal. The judgment-debtor objected that it was time barred. It is common ground that if limitation is to run from the dismissal of the last application for execution, the present application is beyond limitation. If, however, the proceedings initiated by the judgment-debtor under Order 21 Rule 2 C. P. C. are to be considered, as a step in aid of execution of the decree, limitation would not run until the final rejection of this application in appeal in 1956 and the present execution would be within limitation. The trial court held that the proceedings under Order 21 Rule 2 did not save limitation but the learned Judge in appeal took a different view. He held that the execution is within time and reversed the decision of the execution court. The judgment-debtor has come to this Court in appeal.