RAJDHAR Vs. DHOKIYA

JUDGEMENT

(1.) This civil revision has been preferred by the applicants/judgment debtors 1-2 challenging the order dtd. 29/10/2015 passed by 1st Civil Judge Class-II, Sirmour, District Rewa in Execution Case No.66-A/2006 whereby applicants/judgment debtors 1-2's objection/application under Order 21 Rule 23(2) CPC for dismissal of execution proceedings as barred by limitation, has been dismissed.

(2.) Short facts of the case are that in the civil suit filed for declaration of title/share(s), partition and separate possession as well as for mesne profits, 1st Civil Judge Class II, Rewa in Civil Suit No.66-A/74 passed judgment and decree on 31/3/1979, which was affirmed by District Judge, Rewa vide judgment and decree dtd. 27/8/1982 and finally the matter was decided on 1/2/1988 by High Court in SA no. 584/1982. Relevant paragraph 8 and 9 of the judgment passed in second appeal, are quoted as under:-

(3.) Learned Counsel for the applicants/judgment debtors submits that after passing of judgement and decree on 1/2/1988 by High Court, application for execution was filed in the year 2006 i.e. after a period of more than 17 years, therefore, the execution proceedings cannot continue being barred by limitation. In support of her submissions learned counsel for the applicants placed reliance on Article 136 of the Limitation Act as well as on the decision of Supreme Court in the case of Dr. Chranji Lal vs. Hari Das (2005) 10 SCC 746.