DEVI PRASAD CHAUBEY Vs. PATI RAM

JUDGEMENT

(1.) :-

(2.) THIS execution second appeal is by the decree-holder.

(3.) THE very first submission which has been made by Sri G. P. Bhargava, learned counsel for the decree-holder appellant, is that on the facts alleged by the judgment-debtor Pati Ram himself it was clear that he had not applied for certification of the payment within the prescribed period of limitation and that the lower appellate court was, therefore, in error in directing the decree-holder to certify it. He has urged that this question was specifically raised before the lower appellate court. It, however, did not notice it nor decide it in the judgment under appeal.