KALURAM Vs. GYARSI

JUDGEMENT

(1.) THIS is a second appeal by the decree-holder in execution proceedings. The amount of the decree is very small but in view of an important point of law which is involved in the case the decree-holders have approached this court and since there are conflicting views of the different High Courts it has been placed before a Division Bench. The point for determination is whether an application for execution against a judgment-debtor, who was dead at the time it was made, can be considered to be one in accordance with law within the provisions of Article 182 (5) of the Indian Limitation Act.

(2.) THE decree, which the appellants seek to execute, is dated the 15th November, 1943. THEy presented their first application for execution on the 28th March 1944. It was dismissed on 18th June 1944. THEy presented another application on 29th January 1946 but it was also dismissed on 8th March of the same year. THEn they filed another application on 30th March 1948 and the present appeal arises out of the same.