SHASHIKANTABAI Vs. RAJKISHAN

JUDGEMENT

(1.) THIS petition for revision has been filed by the decree-holder whose application for execution of a decree against the non-applicants has been held barred by time.

(2.) ON 27-10-1951 the decree in question was passed in favour of the applicant against the non-applicants for Rs. 500/- payable in five instalments of Rs. 100/each. The first instalment fell due on 1-2-1952 and the subsequent instalments fell due every three months thereafter. It was ordered in the decree that after any instalment had been defaulted and a month had passed after the default, the whole amount would become payable. ,d eq'r erkyck okftcqy cnk gks The judgment-debtors paid nothing and the decree-holder filed the present execution on 14-5-1955. She has claimed recovery of the last four instalments with interest stating that the first instalment which fell due on 1-2-1952 had become time-barred.

(3.) ON behalf of the judgment-debtors it was stated that as the first instalment was defaulted, the whole amount became due on 1-3-1952 and as the -decree-holder did not file the execution petition with-in three years from that date, the present petition was barred by time. This contention was accepted by the executing Court. The decree-holder has therefore come up in revision.