PANKA LAL BAG Vs. SANTOSH KUMAR SIKDAR

JUDGEMENT

(1.) This is an application under Section 115 of the Civil P. C. made by the judgment-debtor against the order passed by the learned 2nd Munsiff at Sealdah on 19-12-81, dismissing the application of the petitioner (judgment-debtor) made under Section 115 (Section 151?) of the Civil P. C. for vacating the Order No. 16 passed by the Court on 17-3-81 under Order 21, Rule 97 for police help for execution of the decree originally passed.

(2.) The learned Munsiff has recounted history of this case in the impugned order with reference to the conduct of the petitioner and refused to grant any relief under Section 151 of the Civil P. C. He stated that there were unsuccessful attempts of the petitioner (judgment-debtor) for stay of execution particularly on the plea that he would prefer a second appeal in the Hon'ble High Court. Some time was granted. Three months thereafter another application was made for stay on the ground that the judgment-debtor will file an appeal in the Supreme Court. Direction was made by the Court to put in a sum of Rupees 20,000/- before such a stay could be granted. The money was not deposited and the application was ultimately rejected and the execution case was allowed to be proceeded with. Learned Munsiff held that the application was a vexatious one. It was only an attempt to enjoy the interest which he had decidedly been denied by the Court of justice. "I do not find it to be a fit case where I may invoke the inherent power under Section 151 of the Civil P. C."

(3.) Mr. Mitra, Counsel for the petitioner argued that the application that was made for police help was time barred by the Laws of Limitation under Article 129 of the Limitation Act. He referred to me the Nazir's report dated 2nd December 1980 and argued that as resistance was made on 2-12-80 for possession the application could be made but this should have been made within a period of 30 days as provided under Article 129 of the Limitation Act. As the application was made on 9th of January, 1981, the application was time barred.