GIRIDHARI LAL Vs. THAKURDAS

JUDGEMENT

(1.) THE decree-holders are the appellants. They obtained a decree against the judgment-debtor (respondent) on 29-9-1951 in Money Suit No. 16 of 1950 in the court of the Civil Judge, Jhunjhun in Rajasthan, and the decree was confirmed in 1954 in the Court of the Subordinate Judge of Sambalpur in Execution case No. 28 of 1954, which was dismissed on part satisfaction on 31-3-1955. The present Execution case No. 29 of 1959 was filed in the Court of the Subordinate Judge of sambalpur on 14-5-1959. From 31-3-1955, the date of disposal of Execution case no. 28 of 1954, till 14-5-1959, more than three years have elapsed in between these two dates, the decree-holders filed execution Case No. 188 of 1956 on 9-456 and Execution case No. 465 of 1958 on 8-9-1958 in the Court of the Civil judge, Jhunjhun, which were respectively dismissed on 16-10-1956 and 23-21959.

(2.) THE judgment-debtor filed an objection under Section 47 C. P. C. The entire objection petition is couched in 4 paragraphs. Paragraphs 1 to 3 merely give statements of fact. In paragraph 3 it is admitted that the decree-holders obtained a certificate of non-satisfaction from the Court at Jhunjhun on 23-2-59 whereafter execution case No. 29 of 1959 was filed in the Court of the Subordinate Judge of sambalpur. The substantive objection in paragraph 4 is-

(3.) BEFORE the learned Subordinate Judge the judgment-debtor's objection was presented as-