HARI PRASAD TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) THE core issue in the present second appeal is about the starting point of limitation for filing an application under Section 144, C. P. C. for the restitution of certain amount which was paid to the decree holder outfits decree being subsequently reversed by the superior Court.

(2.) THE appellant Dr, Hari Prasad Tiwari now represented by his heirs and legal representatives herein was a decree holder. His suit No. 10 of 1947 was decreed for recovery of Rs. 12,760/- as against the State of U. P. THE said decree was put in to motion and in execution No. 25 of 1948an amount of Rs. 14,564,4 and 4 paise was recovered by the decree holder from the State of U. P. on 9. 8. 1953.

(3.) ON the decree of the trial Court being set aside, the State of U. P. applied under Section 144, C. PC. for the restitution of the amount decreed and realized by the decree holder. The application was filed on 21. 5. 1973 and was registered as Misc. Case No. 36 of 1973. The application was resisted by the decree holder by filing objections to the effect that the restitution application is barred by Article 137 of the Limitation Act. The relevant extract of the objections are reproduced as under: "1. . . . . . . . . . . . . . . . . . . . . . 2. . . . . . . . . . . . . . . . . . . . . . 3. That on 31. 10. 1969 the Supreme Court set aside the decree dated 3. 5. 1948 and remanded the case to this Court. 4. That under the circumstances, the limitation for filing the restitution application under Section 144, C. P. C. commencedfrom31. 10. 1969andthe present application dated 21. 5. 1973 under Section 144, C. P. C. is obviously barred by Article 137 of the present Limitation Act. 5. . . . . . . . . . . . . . . . . . . . . "