P SAINATH REDDY Vs. G NARAYANA REDDY

JUDGEMENT

(1.) The appellants are the original decree-holders. They obtained a money decree against the judgment-debtors. Thereafter they filed execution petition No. 35 of 1971. In that petition attachment was levied on the property of the judgment-debtors. Judgment-debtors raised objection to that attachment and contended that the execution of the decree was barred by time. The executing Court upheld the contention raised by the judgment-debtor and dismissed the execution petition.

(2.) It is that order which is called in question by the decree-holders in this appeal.

(3.) It has been contended by Mr. Sri Krishna that the Court below was in error in holding that the execution was barred by time. In support of his contention the learned counsel has relied upon Section 7 of the Limitation Act. In order to appreciate the contention which he has raised it is necessary to note two dates. The decree under Section was passed on 10-9-1959 and the execution petition was filed on 5-8-1971. These two dates show that the execution petition was filed within 12 years from the date of the decree. However under the old Limitation Act it was necessary to take a step-in-aid within a period of three years. The old Act was in force when the decree was passed and for more than 3 years thereafter. There is no dispute about the fact that within three years from the date of the decree, that is on or before 10-9-1962, no step-in-aid was taken. Obviously therefore under Article. 182 of the old Limitation Act the execution of the decree was barred by time after 10-9-1962.