HARIT KRISHNA DEB Vs. ANIL KRISHNA DEB

JUDGEMENT

(1.) This Rule was issued by my learned brother Mukherjea J. and myself for a review of the order passed by us on 5/3/1948, in appeal from Original Order No. 49 of 1946, The relevant facts are stated in our order and need not be restated.

(2.) The question which arose for our decision in that appeal was one of limitation. We agreed with the trial Court in holding that the application for execution was barred by limitation. The main ground both in the trial Court and before us was thus stated in our order :

(3.) The judgment of this Court was delivered by me, and my learned brother Mukherjea J. concurred. As Mukherjea J. has ceased to be a Judge of this Court, the Rule has come up for hearing before me.