LAWS(PAT)-1951-2-11

BHUDEB CHANDRA ROY Vs. SATYA NARAIN TRIGUNAIT

Decided On February 19, 1951
BHUDEB CHANDRA ROY Appellant
V/S
SATYA NARAIN TRIGUNAIT Respondents

JUDGEMENT

(1.) These are appeals by the D. H. Misc. Appeal No. 116 arises out of an objection Under Section 47, Civil P. C. filed by the J. Ds. the objection being that the execution was barred by limitation. Appeal No. 123 of 1948 has been filed against an order Under Section 13, Bihar Money-lenders Act. I would deal first with Misc. Appeal No. 116. The facts giving rise to this appeal can be briefly put as follows :

(2.) The applt. obtained a money decree on 4-10-1934. for a large sum of money. The present execution case was filed on 12-3 1946, & in the execution petn. in the column which is headed as "payment or adjustment made if any", it was mentioned that the D. H. was paid a sum of Rs. 2,500 in instalments by the former Receiver of the estate of the J. Ds. once by a cheque dated 23-2-1945 for Rs. 5,000.

(3.) There was a previous execution, No. 570 of 1934, & an appln. was made by the D. H. for permission to attach the properties of the J .Ds. in the hands of the Receiver who had been appointed in Execution Case 'So. 118 of 1933 & other execution cases. The order numbered 104, dated 19-2-1935-in Execution case No. 118 of 1933 & other cases mentions the following :