GOVERNMENT OF RAJASTHAN Vs. SANGRAM SINGH

JUDGEMENT

(1.) THESE two appeals involve important questions relating to the law of limitation and have been referred by a Division Bench to a Full Bench.

(2.) IN Appeal No. 8 of 1958, a decree Was passed by the then High Court of bikaner on the 28th of July 1941 in exercise of its original civil jurisdiction in favour of the former Bikaner State against Thakur Sangram Singh of Ghuala. On the 30th of July 1941, an application for the enforcement of the decree by means of arrest of the judgment-debtor was filed in the. Bikaner High Court. This application was consigned to record at the request of the decree-holder On the 27th of February 1942. as a result of the constitutional changes, the assets and liabilities of the former Bikaner State devolved on the State of Rajasthan under article 295 of the Constitution and the State of Rajasthan applied for enforcement of the aforesaid decree against the judgment-debtor in this Court on the 13th of july 1953 and it was sent to the District Judge, Bikaner, for execution. Later on, by the order of this Court dated the 4th of November 1955, the case was transferred to the District Judge, Jhunjhunu for execution in accordance with law. From that court it was transferred to the Civil Judge's Court. In that court an objection application under Section 47, C. P. C. was filed by the judgment-debtor raising various pleas against execution of the decree, one of which was that the execution application was barred by time. The learned Civil Judge decided this question first and held that the application for enforcement of the decree was barred by time and dismissed it and against that order this appeal has been filed by the State.

(3.) IN order to appreciate the contentions of the parties it is necessary to refer to the provisions of law of limitation bearing on this point. At the time when the decree was passed, the Bikaner State Limitation Act, 1920 (II of 1920) (hereinafter called the Bikaner Limitation Act) was in force. This law was practically on the same lines as the Indian Limitation Act, 1908. The relevant portion of Art. 165 of the First Schedule to that Act ran, as follows :