GENDALAL RAMSAHI DHANMANDI DHAR Vs. KESHAVRAO VISHNUPANT KHARE

JUDGEMENT

(1.) THE only question raised in this second appeal on behalf of the Appellants is that execution petition No. 369 of 1943 -44 filed by the decree -holder in the Court of First Munsif Court Darbar Dhar is barred by Section 48, Code of Civil Procedure having been filed more than 12 years from the date of the decree.

(2.) THE fact of the present case are as follows: In Civil Suit No. 15 of 1919 -20 a decree was passed in favour of the Plaintiff for a sum of Rs. 1556 -12 -9 and interest on 12 -1 -1921. Against this decision an appeal vas preferred. This was appeal No. 14 of 1920 -21. This appeal was disposed of on 25 -7 -1922. In this the decree of the lower Court was confirmed with a slight modification.

(3.) TO this application several objection were raised on behalf of the judgment -debtor including one regarding the execution petition being barred under Section 48, Code of Civil Procedure. The Executing Court overruled all these objection and ordered the execution to proceed.