SHEKHAR CHAND Vs. R RADHEY SHYAM

JUDGEMENT

(1.) THIS revision application arises out of the following facts:

(2.) RADHEY Shiam obtained a money decree against Pirthi Singh and Mangal Sen. The property was put to auction. It was pur chased by Shekhar Chand on 15-11-1962 foi Rs. 1250/-. The amount was less than the decretal amount due to him. The sale was confirmed on 18-10-1963. At the instance of Radhey Shiam the executing Court directed Shekhar Chand on 8-11-1963 to deposit Rs. 600/- being the rateable share of Radhey Shiam out of the execution money, by 14-11-1963. The order was not complied with by Shekhar Chand, who brought a suit No. 768 of 1964. The suit was contested. It was dismissed in default of Shekhar Chand. Radhey Shiam then filed a suit, giving rise to the present revision application, for the recovery of Rs. 600/- from Shekhar Chand. The suit was contested on various grounds and, inter alia, it was pleaded that the suit was barred by limitation.

(3.) THE only point which was press ed in this case was that the suit was barred by limitation. There is no controversy that Article 24 of the Limitation Act, 1963, which corresponded to Article 62 of the Indian Limitation Act, applied to the facts of the present case. The limitation for such cases is three years from the date when the money is received.