RAM NARAIN Vs. TRILOK HOSIERY MILLS

JUDGEMENT

(1.) THIS is a decree-holder's second appeal. The facts are undisputed and are these. On 13-2-1947 the appellant obtained a money decree against the respondents in the court of Munsiff of Mathura. On April 2,1947, the application for execution was made. On April 22, 1947 notice was issued to the judgment-debtors. However, on 29-10-1947 the execution was dismissed for default.

(2.) THE second application for execution was made on 18-12-1948 praying that the decree be transferred to Gwalior for execution. Third application was made on 3-11949. Fourth application for execution was made on 25-2-1950. All these successive application, for execution were dismissed for default one after another,

(3.) FINALLY on 21-7-1950 fifth application for execution was made in the Court at mathura. In this application the prayer was that the decree be transferred to gwalior where the judgment-debtors reside and have properties. By its order dated 26-7-1950 that Court transferred the decree to the District Judge Gwalior. When the execution proceedings commenced at Gwalior the judgment-debtors took several objections including (1) that the decree could not be executed in the court at Gwalior; and (2) that the application for execution was barred by time,