RAMCHANDRA Vs. GOPAL SINGH

JUDGEMENT

(1.) THIS revision is directed against an order of the Small Cause Court of Shajapur, dismissing the execution application of the decree-holder as time-barred.

(2.) THE facts of the case arc that the Judge, Small Cause Court, Shajapur, passed a decree in favour of the plaintiff on 27-6-52. On 20-12-53, an execution application was filed before the Civil Judge, Second Class, Shajapur. It remained pending there till 7-5-54, when it was dismissed because the decree-holder did not file the address of the judgment-debtor and the process fee. After the dismissal of this execution by the Civil Judge, the decree-holder realised that since the decree was passed by the Judge, Small Cause Court, his application for execution should have been presented before the Small Cause Court and not before the Civil Judge Second Class. After realising his mistake, on 5-12-55 the decree-holder filed an application for execution before the Small Cause Court, shajapur. It is admitted that this application is presented more than three years after the passing of the decree. But it is contended by the learned counsel for the applicant that the decree-holder was entitled to exclude the period during which his execution petition remained pending before the wrong court, namely, Civil Judge second Class, Shajapur. He invokes the aid of Section 14 of the Limitation Act for the purpose. Tbe trial Court has not considered this aspect of the matter and has held the execution to be time-barred under Article 182 (5) of the Limitation Act.

(3.) ARTICLE 182 (5) and Section 14 of the Limitation Act deal with two separate matters. The former prescribes the period during which an application should be presented and Indicates the point from which limitation shall begin to run, Section 14 of the Limitation Act, serves a totally different purpose. It contains the method which is to be adopted in calculating the time after the starting point has been fixed. Thus Article 182 (5) and section 14 of the Limitation Act are not to be mixed together.