LADY ANIS IMAM Vs. CHAMPAMANI BIBI

JUDGEMENT

(1.) Miscellaneous Appeal No. 298 of 1952 arises out of Miscellaneous Case No. 17 of 1952 of the Court of the Subordinate Judge, Second Court, Arrah. Miscellaneous Appeal No. 310 of 1952 arises out of Miscellaneous Case No. 18 of 1952 of the same Court. The decree holders are the same in both the cases and they are the appellants in both the appeals. Both the cases were heard together in the trial court and are governed by one judgment, and they have been heard together in this Court also.

(2.) The admitted facts are these: The respondent had filed two Miscellaneous cases which were allowed by the trial Court. The appellants, thereupon, preferred appeals in the High Court. These Appeals were allowed by the High Court by the judgment dated 5-8-1948 and the appellants were allowed costs of the trial court as well as of the High Court. Thereupon, the respondent applied for leave to appeal. The High Court refused to grant leave. Then, the respondent applied for special leave to appeal in the Supreme Court and leave was granted in both the cases. These were ultimately numbered as Supreme Court Appeal NOS. 134 and 135 of 1951. Supreme Court Appeal No. 134 of 1951 was allowed to be withdrawn on 13-12-1951 while, in the other appeal, the High Court, after hearing the appellant to the Supreme Court, certified on 29-1.1-1951 that the appeal would not be prosecuted.

(3.) The present appellants, then, filed the execution cases on 29-4-1952 for realisation of the costs allowed to them by the High Court. The respondent filed objections to the execution which gave rise to Miscellaneous Cases Nos. 17 and 18 of 1952. The Court below held that the execution cases, being beyond three years of the High Court decree, were barred by limitation and allowed the miscellaneous cases. The appellants have, therefore, preferred these two appeals.