SARDARSING AMARSING GAHERWAL Vs. RAMAKARAN RAMNATH UPADHAYA

JUDGEMENT

(1.) This is first appeal arises out of an execution proceeding and it raises a question under clause (2) of Art 182 of the Indian Limitation Act. The question is as to the construction of the word appeal in clause (2) of Art 182. Does the word mead an appeal from the decree which is sought to be executed or would it include an appeal from an order having direct and immediate connection with the decree which is sought to be executed This is interesting point arises upon the following circumstances:

(2.) The appellant plaintiff filed a suit, being Suit No. 15 of 1948 to set aside a certain sale deed which was passed by his father. The value of the property that was the subject matter of the sale deed was Rs. 17, 187-8-0 The dispute was referred to arbitration and the arbitrator made an award upon which a decree was based. The award decree was passed on 19-10-19500 and it was for the amount of Rs. 4,000/- the plaintiff filed a Miscellaneoous Application being Miscellaneous Application NO. 272 id 1949 Whereby the challenged the award decree dated 19-10-1950. He sought to have the award decree set aside. The abovementioned Miscellanioues Application No. 272 of 1949 was rejected on 10.10.1950. from the said order or rejection the plaintiff appealled to the High Court had the High court dismissed the appeal on . 8.7.1953. The present darkhast to execute the award decree was filed by the plaintiff on 11.11.1954.

(3.) Now, the question arisming for consideration is as to what is the starting point of limitation upon the above facts. Would the starting point be 19-10-1950, the date upon which the award decree was passed, or would the limitation commence to run from 8-7-1953 the date upon which an order was made by the High court dismissing the appeal or the plaintiff from the order rejecting his Miscellaneous Application. No. 272 of 1949.