HARKISHAN DASS NARSHING DASS CHAWLA Vs. KIRPAL SHAH

JUDGEMENT

(1.) This is a decree-holder's appeal against an order passed by the Executing Court dated 2-2-1954 dismissing the application of the decree-holder for execution on the ground that it is barred by time.

(2.) Cross-suits were pending in the Court of a Subordinate Judge in Gujrauwala. On 10-10-1945 they were referred to arbitration and an award was made in favour of Harkishan Das, the date of which is not quite clear. Objections against the award were dismissed on 19-11-1946 and a decree was passed in accordance with the award on 30-11-1946, the amount being Rs. 7,000/-. On 14-1-1947 an appeal was filed in the Lahore High Court against the order refusing to set aside the award and this appeal was dismissed for default on 6-21948 on the ground that the parties were not present and that notices in accordance with the rules of the High Court had been issued to the parties.

(3.) The decree-holder made an application for execution on 14-8-1950 in a Court at Delhi. The judgment-debtor pleaded that the application was barred by time, and there were Other pleas also which are not necessary for the purposes of this appeal. The learned Judge held that the application was barred by time. In appeal reliance was placed on Article 182(2) of the Limitation Act and it was submitted that as an appeal had been brought the date from which the time for execution begins to run is 6-2-1948. The relevant portion of this article when quoted runs as under: