GHANASHYAM MOHAPATRA Vs. SURYAMANI SWAIN

JUDGEMENT

(1.) THIS is a decree-holders' appeal against the appellate decision of the Dist. Judge of Cutback, Dhenkanal confirming the order of the Munsif rejecting their application for execution as time-barred.

(2.) THE appellants obtained on 13-5-57 an ex parte money-decree for a sum of Rs. 2000/- against the respondent. The respondent, however, filed an application (Misc. Case No. 130/57) under Order 9, Rule 13 of the Civil Procedure Code for setting aside the ex parte decree, but the same was dismissed on 3-5-58 for default. It was however subsequently restored and again dismissed on 4-7-53. Against the said order of dismissal, the respondent carried an appeal (Misc. Appeal no. 75/59 ). The appellate Court on 22-3-60 directed the restoration of the aforesaid (Misc. case No. 130/57) to its file. After hearing, the Misc. case, was dismissed on 29-10-60. On 4-2-61 the present execution case was filed clearly beyond three years of the passing of the ex parte decree. The respondents resisted the execution on the ground that it is time barred. The appellant, however, contended that by virtue of the provisions of Clauses (2) and (3) of article 182, the period of limitation was to run from 29-10-601 the date of the final disposal of the Misc. case No. 130/57 and not from the date of the ex parte decree.

(3.) THE learned Munsif dismissed the execution petition as time-barred and rejected the contention of the appellants. In appeal, the learned Dist. Judge confirmed the decision of the lower Court. It is against the aforesaid decision, the present appeal has been preferred.