DIMBESWAR BORA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms P. Bhattacharyya learned counsel for the petiti oner.

(2.) Facts emerges in the case are a money decree was passed against the petitioner Sri Dimbeswar Bora on 6.1.1979 and the respondent-Union of India has filed petition for execution of the decree on 18.1.81. The said execution petition was dismissed in default on 14.6.1994. Thereafter no steps have been taken by the Union of India for restoration of the old execution petition, instead a fresh application for execution of the decree was filed on 13.12.1994. The petitioner Dimbeswar Bora raised objection that execution of the money decree passed on 6.1.1979 is barred by limitation commencing from 13.12.1994 and, therefore, the petition should be dismissed. The trial Court by a strange reasoning dismissed the objection on the ground that the period of limitation starts running from the date of dismissal of the previous application on 14.6.1994. There is an apparent illegality committed by the trial Court in allowing execution to be proceeded on the basis of the application filed on 13.12.1994 to execute the decree passed on 6.1.1979. The limitation to execute the decree would not commence afresh from the date the earlier application was rejected. It will be from the date of the decree and thus the execution petition filed on 13.12.1994 was apparently barred by limitation. The objection filed by the petitioner is allowed and the execution petition filed by the Union of India on 13.12.1994 is dismissed as barred by limitation.

(3.) The revision is allowed. However, as none appears for the respondent there shall be no order as to costs.