RAMESWAR SARMA Vs. MADANLAL AGARWALLA

JUDGEMENT

(1.) THIS is a miscellaneous appeal by the judgment -debtor arising out of an execution matter. The decree which is now sought to be executed was passed on the 5th October 1926. The decree holder took out execution on a number of occasions and ultimately in 1934 an application was made to the executing court for certifying adjustment of the decree, under which it was given out that the decree was adjusted for Rs. 7,500/ - and the amount was to be paid by installments. Certain installments were paid and the judgment -debtor committed default in payment of some other installments. The decree -holder then made an application for execution of the decree and the application was rejected on account of limitation. On an appeal to the Calcutta High Court, the case was remanded, Ultimately the execution was struck off on the 16th November 1942 on the ground that the decree -holder did not take any steps. Thereafter on the 30th March 1943 a fresh application was made for execution. This application was also dismissed on the 12th January 1944 and then on the 24th February 1944 the decree -holder presented another application for execution.

(2.) SECTION 48, Code of Civil Procedure provides as follows:

(3.) DEALING with the question of Article 182, Indian Limitation Act their Lordships of the Supreme Court in the case of 'S.K. Sahgal v. Maharaj kishoro Khanna, A I R 1959 S C 809 observed: