BUCHRAJ Vs. GUMNA

JUDGEMENT

(1.) THIS is a second appeal by the judgment-debtor in execution proceedings.

(2.) THE respondent Gumna and three others obtained a decree against the appellant Buchraj on 31st of March, 1936. THE appellant was then a minor and was represented by a guardian named Devichand. On 12th of January, 1942, that decree was put in execution against Buchraj but his guardianship was mentioned to be of his mother and not of Devi-chand. THE execution proceedings did not fructify as on the 8th of April 1942, the decree-holder made a statement that he could not lay his hands on any property of the judgment-debtor. On 5th of April, 1948, an application for execution of the decree was filed in which this appeal has arisen. By this time Buchraj had become major and an execution was sought against him. Buchraj made an objection on 4th August, 1948, that the previous application dated 12th January, 1942, being not in accordance with law, the present petition filed on the 5th of April, 1948, should be held to have become barred by time. THE objection was upheld by the Munsiff of Sanchore but on appeal the learned Civil Judge of Balotra set aside that order and held the execution application to be within time. Hence this second appeal.