RAM LAKHAN SAHANI Vs. LAKSHMI SAHANI

JUDGEMENT

(1.) THE Civil Revision application is directed against that part of the order dated 23.9.2000 passed by Subordinate Judge -IV, Darbhanga in Title Execution Case No. 1 of 1998 by which he has held the final decree dated 4.6.1982 passed in Title Suit No. 212 of 1971 as not executable being time barred according to Article 136 of the Limitation Act, 1963.

(2.) THE facts relevant for the decision in this revision application are not in dispute and may be briefly enumerated. Title Suit No. 212 of 1971 was filed by the petitioner Ram Lakhan Sahani claiming one -fifth share in the lands mentioned in the schedule of the plaint. After some initial hiccups ultimately all the parties and their lawyers joined in a compromise petition which had been filed on 27.1.1977 and by judgment dated 27.7.1977 it was ordered that let the compromise be accepted and the suit be disposed of in terms of the compromise and that the compromise petition shall form part of the decree and the same be drawn up.

(3.) ON 31.5.1982 the defendants Surji Malahin, Paro Malahin and Inder Malahin defendant Nos. 5 to 7 in Title Suit No. 212 of 1971 filed Title Suit No. 75 of 1982 for a declaration that the compromise decree passed in Title Suit No. 212 of 1971 is not binding upon them and is void and illegal and in consequence the partition of the properties defining the share of the plaintiffs as one -forth share each in the suit lands and also for a declaration of title over 5 Katha of land from North out of 10 Katha in Khata No. 22, Kheshra No. 1. The defendants appeared and contested the suit and by judgment dated 22.2.1992 the Trial Court held that the compromise decree is valid aid binding on the parties and further that the said suit was barred under the provisions of Order 23 Rule 3A. The suit was accordingly dismissed. On 5.3.1992 the decree was signed. The plaintiffs thereafter filed First Appeal No. 337 of 1992 before this Court. On 21.5.1998 the decree holder filed Execution Case No. 1 of 1998 for execution of two decrees dated 4.6.1982 passed in Title Suit No. 212/1971 and 5.3.1992 passed in Title Suit No. 75/1982. The execution was being claimed for possession as per the decree in the earlier Title Suit No. 212 of 1971 and for cost as per the decree passed in Title Suit No. 75 of 1982. The plaintiffs of the Title Suit No. 75 of 1982 sought to obtain stay of execution from this Court which was dismissed as withdrawn on 18.8.1998 with the observation to raise the maintainability of the proceeding before the executing Court. Thereafter an objection was filed by judgment -debtor No. 5 Surji Malahni to reject the execution case as not maintainable. On 3.6.2000 the Executing Court directed to deliver possession against which C.R. No. 1143 of 2000 was filed which was disposed of by order dated 6.9.2000 with the direction to keep the order of executing Court in abeyance. In C.R. No. 755 of 2000 this Court had earlier disposed of the matter on 22.8.2000 directing the Executing Court to dispose of the objection regarding limitation on the basis of dates which were already on record.