RAMJI RAJA Vs. PUNCHAM SINGH

JUDGEMENT

(1.) THE question in this second ap-peal is whether the application for execution dated 20-12-1952 filed by the appellant in the Court of the Civil Judge, Second class, Karera and registered as Execution Case No. 567 of 1952 was barred by section 48 of the Code of Civil Procedure.

(2.) ON 24-6-1937 a decree was passed in favour of the appellant for the recovery of Rs. 2,200/- by the District Sub Judge, Narwar in suit No. 276 of Samvat 1989. It appears that costs were not awarded by the trial Judge to the plaintiff. On her appeal the District Judge, Shivpuri awarded hex costs also (Civil appeal No. 5 of samvat 1994 decree dated 22-2-1938 ).

(3.) THE first application for execution was made on 16th May 1940 (Execution Case no. 955 of Samvat 1996) in the court of District Sub Judge, Shivpuri. Since the decree-holder prayed for an attachment and sale of zamindari property of the judgment-debtor the decree was transferred for execution to the Collector, shivpuri and was registered there on 20-8-1940 as Execution Case No. 57 of samvat 1997. The proceedings were consigned to record on 7-6-1941 because of stay orders.