SHAMSHAD ALI Vs. SAADAT ALI KHAN

JUDGEMENT

(1.) THIS appeal raises what I may call an unrighteous defence of limitation to an application for execution of the decree.

(2.) THE respondent obtained a decree against the appellant for possession over a portion of a certain plot of land and the rest of the claim was dismissed. Both the parties filed appeals to the lower appellate Court and these were dismissed.

(3.) THE plaintiff, thereupon, filed an appeal to the Chief Court but that appeal was dismissed under Order 41, Rule 11, Civil P. C. Thereafter the decree-holder applied for execution of the decree. It is common ground that the application was time-barred if time was to be reckoned, from the date of the judgment of the lower appellate Court but it was within time if time was to be reckoned from the date of the judgment of the Chief Court. The Courts below before whom the question of limitation was raised answered it against the judgment-debtor holding that the application for execution was within time under Article 182 (2), Limitation Act. This view is contested in second appeal to this Court.