SOHAN URAON Vs. PURAN PRASAD URAON BAKHLA

JUDGEMENT

(1.) This is a judgement-debtors' appeal under Section 47 of the Code of Civil Procedure. An application for execution of a decree dated 23rd of January 1959 was filed before the Court below on 12th of June 1967. The appellants took an obiection that it was time barred. By the impugned order, the objection has been reiected and the execution petition has been held to be within time.

(2.) The facts relevant for considering the question of limitation, the only question that arises for decision in this appeal are that earlier another execution petition was filed oil the 2nd of January 1962. that application was dismissed for default on 27th of January 1962 and the new Limitation Act (Act 36 of 1963) came into force on the 1st of January 1964.

(3.) Under the old Limitation Act (Act 9 of 1908). the period prescribed for filing a petition for execution of a decree under Article 182 of the first Schedule of that Act was three years, unless the decree was registered, from the date the decree was passed. But where an application for execution had been previously made, the period was to be counted from the date of the final order passed on that application for execution or to take some step-in-aid of execution, if made in accordance with law. Under Section 48 of the Code of Civil Procedure, no execution for a decree, unless it was for injunction could be started after the expiry of twelve years from the date of the decree. Under the new Limitation Act. the time limit prescribed for filing an application for execution of a decree under Article 136 of the Schedule to the Act is twelve years from the date of the decree. The present application for execution has been filed within twelve years from the date of the decree. It is not disputed on behalf of the appellants that if the previous execution petition which was filed on 2nd of January 1962 was in accordance with law. the present execution petition is not time barred.