BALWANT SINGH AND OTHERS Vs. KARNAIL SINGH

JUDGEMENT

(1.) A decree was obtained on November 26, 1955 from the Court of Mr. Mohan Lal, Subordinate Judge II Class at Faridkot by Kartar Singh father of Balwant Singh applicant and other appellants. The parties belong to Village Chet Singh Wala. At the time Mr. Mohan Lal, under administrative orders of the District Judge of Bhatinda, was attending to the civil work of the area within which village Chet -Singh -Wala is situate. In the Faridkot Tehsil in those very days, there was also the Court of Mr. Mohinder Singh, Subordinate Judge II Class. There was the office order No. 19 of September 21, 1955, whereby the area within which this particular village is situate was in the matter of distribution of work made over to Mr. Mohan Lal for the institution of "all fresh regular suits". So the decree was obtained by the appellant's father from the court of Mr. Mohan Lal. The first execution application was made on September 5, 1958, in the Court of Mr. Mohinder Singh, Subordinate Judge II Class at Faridkot. At that time the administrative order No. 19 of September 21, 1955, was operative. A second execution application was made on December 16, 1959, also in the Court of Mr. Mohinder Singh, Subordinate Judge II Class Faridkot. But before that the District Judge of Bhatinda made administrative order No. 47 of October 6. 1958, whereby all civil cases of the area within which is village Chet Singh Wala were to be instituted in the Court of Mr. Mohinder Singh, who had become Subordinate Judge of the 1st Class by that time. There was a third execution application made on November 2, 1960, and this was made in the Court of the successor of Mr. Mohan Lal. Subordinate Judge II Class.

(2.) THE executing court said that the third execution application is within time, but on appeal the first appellate Court has come to the conclusion that the first two execution applications not having been filed in a court of proper jurisdiction, the third execution application is barred by time having been filed after more than three years from the date of the decree.

(3.) IN consequence this appeal fails and is dismissed, but there is no order in regard to costs.