SRIDHAR UPADHYA Vs. LAKSHMI PRASAD

JUDGEMENT

(1.) THIS is a decree-holders' appeal and it raises only a question of limitation.

(2.) THE suit in which the decree was passed had been filed in the Court of the City Munsif azamgarh. It was then transferred to the Additional Munsif who later became Munsif Haveli, azamgarh. As Munsif Haveli he passed the decree in question on 28-8-1942. The decree was affirmed in appeal on 3-6-1943.

(3.) ON 23-10-1945, the decree-holders made their first application for execution in the Court of the City Munsif, Azamgarh, instead of in the Court which had passed the decree, namely that of the Munsif Haveli, Azamgarh. The judgment-debtor objected to this application on several grounds, though not on the ground that the Munsif City Azamgarh had no jurisdiction to execute the decree. On 12-12-1945 the said application for execution was dismissed for default.