NAR SINGH DATT Vs. RAM PRATAP

JUDGEMENT

(1.) This is a decree-holder's appeal against the judgment and decree of the learned Civil Judge, Gonda.

(2.) The decree for a sum of Rs. 1,600/- was passed against Brij Lal on the 28th August, 1948. Brij Lal died and his heirs were substituted in his place. On the 26th September, 1948 the decree-holder applied for execution by attachment and sale of a house. On the 12th November 1948 the judgment-debtors filed an objection on the ground that the house was occupied by them as agriculturists and it was therefore exempted from attachment and sale under Section 60 (1) (c) C. P. C. The objection was finally dismissed by this Court on the 4th March 1958 and it was held that the house was not occupied by the judgment-debtors as agriculturists. On the 26th March 1958 the decree-holder made an application purporting to be under Order 21, Rule 66 (3) C. P. C. The judgment-debtors again filed an objection on the 30th April 1958 claiming exemption from sale of the house under Section 60 (1) (c) C. P. C.

(3.) The trial court held that the objection was barred by the principle of res judicata and by limitation. In appeal the learned Civil Judge held that the objection was not barred by res judicata or limitation. The objection was accordingly allowed. This appeal is directed against that order.