LAWS(ALL)-1981-3-5

SOHAN LAL Vs. RAGHUNATH PRASAD

Decided On March 13, 1981
SOHAN LAL Appellant
V/S
RAGHUNATH PRASAD Respondents

JUDGEMENT

(1.) These are decree-holder's applications in revision, directed against the judgment of the learned Civil Judge, Jhansi. dismissing the execution application as barred by time.

(2.) When the revisions came up for hearing before a learned single Judge, it was submitted that the iudgment-debtor was precluded by the doctrine of constructive res iudicata from raising the objection that the execution was barred by limitation. It was argued that the Full Bench decision of this Court in Genda Lal's case (1935 All LJ 1189) : (AIR 1936 All 21) (FB) laying down the proposition that the iudgment-de-btor was competent to raise the plea of limitation at any time during the pendency of the execution application was not the correct view of law in view of the decision of the Supreme Court in Goenka's case (AIR 1953 SC 65) and Prem Lata's case (AIR 1970 SC 1525). The attention of the learned single Judge was drawn to three Full Bench decisions of the Hyderabad, Venkappa v. Lakshmikant Rao. (AIR 1956 Hyderabad 7), Orissa, Jagannath Ram-anui Rai Deb v. Lakshmi Naravan Tri-pathi. (AIR 1960 Orissa 197) and Patna High Courts Baiinath Prasad Sah v. Ramphal Sahni. (AIR 1962 Pat 72). The learned single Judge felt some difficulty in distinguishing the said cases or reconciling the conflict of opinion. He observed :

(3.) The revisions were laid before a Full Bench of three Judges. The Full Bench held that it was not competent to overrule another Full Bench of three Judges in Genda Lal's case. It was hence desirable that the matter be considered by a larger Bench. That is how the matter has come up before this Full Bench of five Judges.