STATE BANK OF INDIA Vs. DAY OLD FARM

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order dated 29.5.1993 passed by the Court of Sub-Judge Ist Class, Faridabad, by which the execution application filed by the petitioner/decree- holder was dismissed as barred by limitation.

(2.) THE admitted facts of the case are that a decree for an amount of Rs. 88,467.88 with costs and future interest was passed in favour of the petitioner against the respondents on 31.10.1974 by the Court of Sub-Judge Ist Class, Ballabgarh. For the execution of this decree, the petitioner-bank filed the first execution application in the Court which was dismissed by the Executing Court on 12.6.1986 for non-prosecution. The petitioner-bank filed second execution application on 24.4.1987, which was dismissed on 16.3.1990 by the Executing Court for non-filing of process fee. The 3rd execution application was filed by the petitioner-bank on 20.4.1990, which was dismissed by the Executing Court vide order dated 29.5.1993 on the plea that the same was barred by limitation. It is against this order that the present revision petition has been filed.

(3.) IN support of his submission reliance was placed by the learned counsel on the judgments reported as B. Shiva Shankar Das v. Mufti Syed Yusuf Hasan, AIR 1934 Allahabad 481; K.P. Chidambara Mudaliar v. V.S. Rukmani Ammal, AIR 1975 Madras 246 and Sohan Singh v. Shamsher Singh, 1950 Punjab Law Reporter 345.