GYANENDRA PRADHAN Vs. KANAK DEI

JUDGEMENT

(1.) Srimati Kanak Dei, opposite party No. 1 is a plaintiff, decree-holder and the petitioner and opposite parties 2 to 5 are the defendants Judgment debtors in Execution Case No. 100/81 pending before the Munsif, 1st Court, Cuttack. The execution case arises out of Title Suit No. 111/69. The petitioner's application under S.47, Civil P. C. having been rejected by the executing court by order dated-5-11-81 she has filed thus application under S.115, Civil P. C. The maintainability of the execution case was challenged on several grounds, the principal one being one of limitation. According to the petitioner the execution case is barred by limitation in view of the provisions of Art.135 of the limitation Act, 1963.

(2.) The decree in Title Suit No. 111/69 was signed on 10-2-1975. The effective portion of the decree read as follows : -

(3.) In view of the facts narrated above the question that arises for consideration is whether the execution case filed on 16-5-1981 is barred by limitation. Before proceeding further it would be helpful to quote the provisions of Arts.135 and 136 of the Limitation Act, 1963 which are relevant for the purpose :