SAYED ABDUL RAUF Vs. NURUL HUSSAIN

JUDGEMENT

(1.) This is a judgment-debtor's revision filed under Section 115 of the Code of Civil Procedure challenging the order passed by the Munsiff/Magistrate rejecting, his objection filed u/S. 47, C. P. C.

(2.) A preliminary decree was passed on 23-7-1953 by the Add. Munsif, Ajmer City followed by final decree dated 13-11-1961. Against the aforesaid judgments, an appeal was preferred to the District Judge in which the final decree was modified by the order and judgment dated 26-8-1968. Against the said order, a Second Appeal was filed by the petitioner Sayed Abdul Rauf, which was dismissed in default on 3-9-1981. Thereafter, on 12-9-86, the non-petitioners filed an execution application. To the execution application, an objection was preferred by the petitioner u/S. 47, C. P. C. Amongst others, one of the pleas, which was pressed before me in this revision, was that the execution application was barred by time having been preferred after three years of the dismissal of the second appeal in default by the order dated 3-9-1981 of the High Court.

(3.) The decree-holders asserted that the execution application had been filed within time and as such, the objection of the petitioner-judgment-debtor had no substance.