SRIPATI CHARAN DHAR Vs. KANAILAL DHAR

JUDGEMENT

(1.) This application arises out of the pending execution application which was made by a tabular statement by one Sripati Charan Dhar, one of the decree -holders herein, Sripati died on April 20, 1972. The heirs and legal representatives of bripati did not come forward to ask for leave to continue the execution proceeding, but another set of decree -holders in respect of the same partition decree have applied for leave to continue and/or to proceed with the tabular statement affirmed by the said Sripati Charan Dhar on September 10, 1971. Accordingly, it has become necessary for the present Petitioners to obtain leave of this Court to continue the pending proceeding in view of the fact that if a fresh application is made by the said set of decree -holders then it may be contended that the decree has become barred by the law of limitation.

(2.) The suit herein was filed in 1940. A preliminary decree, inter alia, of partition was passed on August 30, 1944 and in accordance with the terms of settlement put in, the special referee appointed therein was directed to take accounts. Pursuant thereto a report was filed on June 4, 1958. By the said report the personal drawings and liabilities to the joint estate of the five sons of the settlor were determined as follows:

(3.) Under the said return the said sum of Rs. 1,70,660 -11 -7 was directed to form part of the assets of the joint estate. It was directed that for the realisation of the said respective sums from the respective sons of the said settlor, the cost of the Solicitors of the respective parties were to be paid first out of the said sum and the balance or surplus, if any, was to be divided equally amongst the said five sons of the settlor accordingly.