DAMODAR PD Vs. BYOPAR SAHAYAT BANK LTD

JUDGEMENT

(1.) This is a judgment-debtor's appeal.

(2.) The decreeholder obtained a decree on the 13th of January, 1938. The decree was an instalment decree whereunder a sum of Rs. 300/- bad to be paid in each subsequent year until the decretal amount was fully satisfied. In all, ten instalments had to be paid. There was a default clause in the decree that in case three instalments fell in arrears, the decree-holder would be entitled to recover the entire outstanding balance of the decretal amount. There was a default by the judgment-debtor in consequence of which an application, for execution claiming the balance of the amount due under the decree was filed on 21-2-1947. It was held in regard to that execution application that it had been filed after a period of three years had expired since the default and that it was barred by limitation. The application for execution was, therefore, dismissed, the final order of this Court being dated, the 5th of October 1950. The present application was filed on 28-11-1950, and execution of the decree was sought thereby in respect of the instalments due in 1947 and 1948. The execution court has allowed execution to proceed and ordered recovery of the two instalments due.

(3.) The Court below, upon appeal, affirmed the view of the executing court,