DALEL SINGH Vs. SM DHAN DEVI

JUDGEMENT

(1.) The facts giving rise to this execution appeal are that on 12-7-1947 the decree-holder respondent obtained a decree for Rs. 11,0007- in appeal in the Nabha High Court against the judgment-debtor appellant. Nothing seems to have been done by the decree-holder to execute his decree for some time, presumably as he was awaiting developments in the system of Government in 'the country. His first move apparently was oh the 9-6-1950 when he applied to the District Judge at Patiala for a certificate for the transfer of the decree for execution to the Court at Simla and this certificate was granted to him on 28-61950. This certificate was presented in the Court of the District Judge at Ambala on 7-8-1950, and a few days later it reached the Court at Simla where execution proceedings started. The execution proceedings were resisted by the judgment-debtor on various grounds but his objections were dismissed by the learned Senior Sub-Judge on 17-3-1951 and he has come in appeal.

(2.) Some of the objections which were apparently raised on behalf of the judgment-debtor in the lower Court have not now been raised before me, and I shall only deal with those points which have been argued here. The first of these was one which was apparently not raised in the lower Court, namely, that the execution application was not within time as the application in the Court of the learned District Judge at Patiala, which was admittedly within three years of the date of the decree, did not amount to a step in aid of execution proceedings within the meaning of Article 182, Clause 5, Limitation Act. Clause 5 reads-

(3.) I have not been altogether able to understand what was meant by the learned Judge in--'D.H.M. Framjee v. Eastern Union Bank Ltd., Chittagong', 52 Pun L R 471 when he said: