BIRANCHL PRADHAN Vs. DAITARI PRADHAN AND DEVI

JUDGEMENT

(1.) This application is directed against an order dated 27-2-1989 passed by Sri Satya Narayan Prasad. Munsif. Chaibassa in Miscellaneous case no. 5 of 1988 whereby and whereunder the said learned court dismissed the said miscellaneous case arising out of an application under Section 47 of the Code of Civil Procedure holding that the Execution case no. 1. of 1987 filed on 25-3-1987 would be deemed to have been filed in continuation of Execution case no, 10 of 1981 and, thus, the same is not barred by limitation.

(2.) The fact of the matter is admitted. The decree-holder opposite party filed Title Suit no 19 of 1965 for declaration of his title and recovery of possession and the said suit was decreed by a judgment and decree dated 23-12-1966. The petitioner preferred an appeal against the said decree which was registered as Title Appeal No 3 of 1987 and the said title appeal was dismissed by judgment dated 24-8-1968. The petitioner, thereafter preferred a second appeal in this court which was registered as Second Appeal no. 667 of 1968 and by an order dated 26-3-1971 this Court dismissed the aforementioned second appeal

(3.) In the year 1981, opposite parties levied execution of the aformentioned decree which was registered as Execution case no. 10 of 1981. On or about 10-12-1983, aa application for amendment of the execution thereof was filed by adding new plot no. 10 and khata no 39 in the schedule mentioned in the execution application. By an -order dated 12-5-1984, the said application for amendment was allowed, but the dectet as such was not amended A copy of the said order dated 12-5-1984 is contained in Annexure-1 to the civil revision application