NURSINGHDAS GUZRATI Vs. BAIJNATH PRASAD AND ORS.

JUDGEMENT

(1.) This is an application for execution of a decree of the Original Side of this Court in Suit No. 330 of 1938, instituted Nursingdas Guzrati Vs. Lata Baijnath Prasad and others. Although the decree was dated the 16th Aug., 1939, it was signed by the learned Judge on the 10th Sept., 1943. The mode in which execution is sought is by attachment and sale of three immovable properties, two in Benaras and one in Calcutta being premises No. 6 and also known as 6A, Shib Thakur Lane. Calcutta. The claim to attach and sell Benaras properties has been withdrawn without prejudice to the decree-holder's right to proceed against such Benaras properties by transmission of this decree to Benaras Courts within whose jurisdiction such properties are situate. The present application for execution, therefore, is now concerned only with the claim to attach and sell 6 or 6A, Shib Thakur Lane, Calcutta. The amount of the decree is for Rs. 52,533-10-0 together with interest thereon at 6 per cent, per annum. That is the decree which is sought to be executed. It is said in the Tabular Statement that all (the defendants-judgment-debtors are interested in the said property to the extent of 16 annas share therein. Being a decree more than one year old, usual notice under Order 21, Rule 22 (1) (a) and (b) of the Code of Civil Procedure was issued by the Master on the 4th Aug., 1953. The application is made on a Tabular Statement. There are about 38 judgment-debtors. The only point taken in defence by the judgment-debtors is that the decree is barred by limitation under Art. 183 of the Limitation Act. To appreciate the point of limitation, certain facts and dates should be noticed.

(2.) The facts, briefly, are as follows:

(3.) The present proceeding in execution began on the 4th Aug., 1953, when the decree-holder filed his Tabular statement in execution of the decree and an order was made by G. K. Mitter, J., on the 24th Jan., 1954, for attachment of the interests of the respondents Nos. 2 to 27 in Shib Thakur Lane property mentioned in the Tabular Statement.