NAWAL KISHORE PATEL Vs. INDRAPARI DEVI

JUDGEMENT

(1.) THE decree holder is petitioner against the order dated 21.6.2001 passed in Title Execution No. 15 of 1996 by Spl. Execution Munsif, Muzaffarpur holding that the execution case filed by him is barred by limitation.

(2.) THE sole question for consideration in this case is as to whether the decree under execution is barred by limitation in terms of the provisions contained under Article 136 of the Limitation Act, 1963, (hereinafter referred to as the Limitation Act).

(3.) THE petitioner had filed amendment petition in the execution case on 23.4.1999. THE judgment-debtor filed a rejoinder and the Court below by order dated 17.7.1999 was stated above disposed of both the matters i.e., the application filed by the judgment debtor for restoration of the possession toiler and the amendment petition filed by the decree holder. It allowed the application of the judgment debtor with regard to restoration of possession and kept the amendment petition filed by the decree holder in abeyance. THE, petitioner came to this Court in Civil Revision No. 1462 of 1999 and this Court by order dated 10.11.1999 directed the Court below to consider the amendment matter. THEreafter, the Court bellow allowed the amendment petition. THE judgment debtor came, to this Court in Civil Revision No. 633 of 2000. This Court set aside the order allowing the amendment petition dated 17.1.2000 and remitted the matter to the Court below to decide the amendment matter and observed that the main question is to be decided is as to whether the petitioner can proceed with the execution case or not and that is the question which is to be decided first before allowing the amendment petition in the execution case and the thereafter the Executing Court has considered the question and held that the execution case is barred by limitation. Hence, the present application.