RABINDRA KUMAR SAHA Vs. FIRM BISWANATH BHANDER, TRIPURA

JUDGEMENT

(1.) This revision petition under Sec. 115 of the Code of Civil Procedure by the judgment-debtor Rabindra Kumar is directed against the order, dated 6-2-1968 by which Shri P. K. Roy, Sadar Munsiff, Tripura, held the execution application filed by the decree-holder Biswanath Bhander, on 5-9-1967, as well within time.

(2.) The decree sought to be executed was passed on 23-4-1962. An execution application made to the Court was pending when the Limitation Act of 1963 hereinafter called the Act, came into force on 1-1-1964. That execution application was disposed of by an order dated 5-6-1964. Thereafter, when the new execution application was made on 5-9-1967 the judgment-debtor raised an objection, founded on clause (b) of Sec. 31 of the Act, that it was barred by time. The executing Court found no merit in the objection and so rejected the same on holding that the execution application having been made within 12 years from the date of the decree it was not barred by time. The Court was of the view that execution application fell under Art. 136 of the Act. The correctness of that view of the executing Court is challenged in the instant revision petition.

(3.) After hearing Shri J. N. Paul for the petitioner, I have found no merit in the submission that the execution application filed on 5-9-1967 was barred by time. Sec. 31 of the Act, bearing the marginal heading "Provisions as to barred or pending suits, etc. reads as under :-