SHANKARLAL KISHANLAL Vs. CHANDULAL AND SONS

JUDGEMENT

(1.) THIS appeal arises out of execution proceedings and the only point which arises for consideration is regarding limitation on the following facts.

(2.) THE respondent decree-holder obtained a decree for money on the basis of an award on 17-2-1954, Under the terms of the award which was made the rule of the court on the above-mentioned date the amount of the decree was made payable by stated instalments starting from Sravan Sudi 1 Samvat Year 2007 i. e. earlier than the date of the decree. There was a default clause which provided for realisation the whole amount at once on the occurrence of the default. The last or the final instalment was payable on Savari Sudi 1 Samvat Year 2011. An appeal was preferred against the decree on the award which was dismissed on 27-41956. The present execution was thereupon filed on 18-4-1959. Contention raised on behalf of the judgment debtor was that since there was default in paying the 1st instalment on Savan Sudi 1 Samvat Year 2007 the decree has become barred by time. The Court below held that Clause 2 of Article 182 in the last column of limitation Act applied and the execution was not barred.

(3.) IN this appeal the same contention is repeated.