BIPAL LAL Vs. DASS

JUDGEMENT

(1.) This appeal by the decree-holder is directed against an order of Shri N.D. Gupta, the then Additional Subordinate Judge Mandi whereby on a preliminary objection raised by the appellant it was held that the Court was competent to go into the question that the execution application was barred by the law of limitation.

(2.) The appellant had obtained a decree against the judgment-debtor in the Court of the Senior Subordinate Judge, Mahasu. The aforesaid decree was transferred to the District Judge, Mandi for execution who in due course transferred the case to the Additional Subordinate Judge, Mandi, for disposal.

(3.) An objection petition under Section 47 of Civil Procedure Code was filed by the judgment-debtor and one of the grounds of objection was that the execution application was barred by the law of limitation. On behalf of the appellant a preliminary objection was raised that the transferee Court was not competent to go into the question as to whether the execution application was filed within the prescribed period of limitation or not. That objection was overruled by the learned Additional Subordinate Judge and the correctness of that order has been challenged by this appeal.