MURLIDHAR VAISH Vs. KHAJ BAKSH

JUDGEMENT

(1.) This appeal arises out of an execution matter and the question is whether the proceedings were barred by Section 48 of the Code of Civil Procedure and Article 182 of the Limitation Act.

(2.) The decree was passed on 24-12-1942 Certain applications for execution were made in succession, but in this appeal I am not concerned with those. On 28-4-1950 the appellant made an application for execution in the Court of the City Civil Judge, Lashkar, with the prayer that the judgment debtor be arrested & detained in Civil prison. It was No. 14 of 1950. In that case, on 8-3-1952, the decree-holder made an application to the Lashkar Court that the decree be transferred to Morena. This was allowed and in consequence the case was consigned to the record. However, as the compliance of that order was not made, the decree-holder on 15-12-1954 made another application inviting the attention of the Court to that fact. On 4-3-1953 the decree was transferred to Morena.

(3.) On 31-7-1957 the decree-holder made an application to the Morena Court praying for attachment of certain properties of the judgment-debtor. This application was assailed as barred by time, as also barred under Section 48 of the Code or Civil Procedure. The executing Court overruled the objections. On appeal, the learned Additional District Judge held that the application of 31-71957 was barred by Section 48 and dismissed the execution proceedings.