RAM KRISHNA MURARJI Vs. RATAN CHAND

JUDGEMENT

(1.) THIS is an execution First Appeal against a decision of the learned Civil Judge of Kanpur. The latter has upheld the plea of limitation raised by Sri Niwas, respondent 2, and has struck off the execution application. The only point argued before me is whether the execution application was time -barred. (2) To understand the facts which give rise to the question of law, it is necessary to state the following genealogical table of which the accuracy is not disputed viz. :

(2.) ON 5 -12 -1920 Gulabchand, acting for himself and as certificated guardian of his brother, Katanchand (then a minor), executed a mortgage deed for Rs. 10,000/ - in favour of Thakur Ram Krishna Murar Ji, hereinafter described as appellant. The appellant sued on the mortgage and obtained a decree against Gulabchand and Ratanchand on 26 -7 -1922. In 1923 Ratanchand instituted a suit with his mother, Sm. Godavari as his next friend, to challenge the decree obtained by the appellant.

(3.) THE appellant went up in appeal to the Privy Council against the decision of this Court. This appeal was allowed on 27 -2 -1931. As a result thereof the appellant became entitled to claim the refund of the sum of Rs. 1129/ -6/ - deposited by it by way of the costs of the first two Courts together with interest thereon. On 30 -3 -1945 an execution application was presented by the appellant before the learned Civil Judge.