UMA SHANKAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) PETITIONER is plaintiff-decree holder and is aggrieved by the impugned order dated 19. 7. 2003 by which the learned Subordinate judge-III, Buxar, allowed the petition of the Opposite Parties (Judgment-debtors) and dismissed Execution Case No. 5/1998 as time barred.

(3.) ADMITTED facts of this case are that the petitioner had filed Title Suit no. 13/1979 for a declaration that he was an Assistant Jailor and had become entitled to the post of Superintendent of jail and denial of promotion, salary etc. to him was illegal. The said suit ws decreed on 26. 9. 1979 (Annexures-1 and 2) the learned Second Additional subordinate Judge, Buxar, and the said decree was challenged by the defendants-opposite parties (State of Bihar and another) in Title appeal No. 168/1979 which was dismissed on merits with cost by the learned 5th Additional District Judge, Bhojpur, on 21. 12. 1985 (Annexures-3 and 4 ). Further more, against the said appellate decree the opposite parties preferred Second Appeal No. 152/1987 in this high Court and the same was dismissed on 16. 9. 1988 due to noncompliance of this Court's order and the said dismissal was recorded on 14. 3. 1989 (Annexure-5 ).