DAROGI MANDAL Vs. KAMESHWAR SINGH BAHADUR

JUDGEMENT

(1.) This is a Letters Patent Appeal against the decision of Mr. Justice Rati Kant Choudhary, in an appeal, arising out of an objection, filed by the judgment-debtors appellants under Section 47 of the Code of Civil Procedure, in an execution case.

(2.) The point for determination in this appeal is a question of limitation, which involves the interpretation of Clause (5) of Article 182 of the Indian Limitation Act.

(3.) The decree-holder respondent obtained a decree on the 13th December, 1934, against one Lachhman Mandal, father of the present judgment-debtors, appellants Nos. 1 to 4. The decree was executed twice, but the execution proved infructuous. The third execution, therefore, being Execution No. 244 of 1943, was taken out on the 14th May, 1943, against the original judgment-debtor, Lachhman Mandal. This execution was registered, and the executing court issued a notice on this application under Order XXI, Rule 22 of the Code of Civil Procedure against Lachhman Mandal, and, a service report was filed showing service of notice on him, as will appear from the order dated the 21st of June, 1943, of that execution case. Thereafter, the decree-holder was asked to take further steps, but he did not take any step, and, therefore, the execution was dismissed for default on the 8th July 1943. The present execution, out of which the present appeal arises, was filed by the respondent, against the sons and other heirs of the original judgment-debtor, Lachhman Mandal, on the 22nd of July, 1946, as Lachhman Mandal died on the 13th July, 1942.