LAWS(BOM)-1943-3-20

GOVIND PRASAD Vs. PAWANKUMAR

Decided On March 04, 1943
GOVIND PRASAD Appellant
V/S
PAWANKUMAR Respondents

JUDGEMENT

(1.) THIS is an appeal from an order of the High Court of Judicature at Nagpur dated November 11, 1938, confirming an order of the Court of the Additional District Judge, Raipur, dated August 20, 1936.

(2.) THE appeal arises out of an execution proceeding, and the question for determination is whether the application made by the decree-holder for the execution of a decree which he had obtained against the appellants before the Board-the judgment-debtors-is barred by time. Both Courts in India have held that it is not barred.

(3.) THE time for filing these copies was extended from time to time till November 5, 1932, when the Court passed the following order : Decree-holder absent. Time 4-8 p.m. No copies filed as it is understood that the judgment-debtor has been adjudged insolvent. Dismissed for default.