(1.) A complicated, complex, intricate issue having of great significance has arisen as perceived after hearing rival contentions with regard to ambit and scope of Article 136 of the Limitation Act.
(2.) Petitioner, who happens to be judgment -debtor, has questioned proprietary of as well as continuance of Execution Case No.02 of 2008 pending before the Subordinate Judge -VII, Vaishali at Hajipur and for that, filed petition to dismiss the same, which has been rejected by the learned lower Court vide order dated 28.09.2011, on account thereof, the same has been challenged under instant petition.
(3.) In order to have proper appreciation of the facts as well as law, factual matrix of the present episode is to be taken note of. Respondent/ plaintiff had filed Title Suit No.19 of 1987 asking for a relief for declaration of a conditional sale deed dated 28.01.1984 executed by the defendant/ petitioner/ judgment -debtor in his favour to become an absolute, (B) if the Court finds any kind of impediment in granting the aforesaid relief then an alternative decree for Rs.8800/ - (consideration amount) along with registration cost, stamp cost, against the defendant in favour of the plaintiff be passed, (C) cost of the suit, (D) any other relief or reliefs which the plaintiff is found entitled for, wherein the petitioner/ defendant/ judgment -debtor appeared, filed written statement, contested the suit and ultimately, vide judgment dated 30.06.1995/ decree dated 14.07.1995, the learned lower Court decreed the suit and further, allowed alternative relief directing the petitioner/ defendant/ judgment -debtor to pay Rs.8800/ - along with registration cost, stamp cost. It is also apparent that Title Appeal No.33 of 1995 was filed on behalf of petitioner/ defendant/ judgment -debtor, which was admitted. While was called upon for hearing, on account of absence of petitioner/ defendant/ judgment - debtor/ appellant, appeal was dismissed in default on 14.03.2008 which, up -till -now did not restore. Furthermore, during continuance of aforesaid appeal, no stay was granted. Execution Case No.02 of 2008 has been filed on behalf of respondent/ plaintiff/ decree -holder on 05.06.2008 after dismissal of Title Appeal and as is evident, question of limitation was pointed out by the office at the time of checking and while admitting the same, vide order dated 12.06.2009, the learned lower Court had opined that in view of dismissal of appeal on 14.03.2008, no question of limitation survives. Subsequently thereof, after appearance of petitioner/ defendant/ judgment -debtor, the said issue was re -agitated and by the order impugned, the learned lower Court thwarted the objection stating that as appeal was filed, therefore, the decree became un -executable whereupon, the period during course of which appeal was pending would not be allowed to be calculated while considering the question of limitation in terms of Article 136 of the Limitation Act. The aforesaid finding is the subject matter of instant petition.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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