GULAB SHANKAR Vs. RAM NARAIN

JUDGEMENT

(1.) THIS, is a judgment-debtor's second appeal and arises out of execution proceedings.

(2.) A decree was obtained against the appellant and his father Budha Lal by one Chaturbhuj for the recovery of Rs. 4400/- in Kotah State and it was subsequently transferred to the respondent. Before the present execution application was filed, the decree was last executed in the year 1936. Some objections were raised on behalf of the judgment-debtor that he was an agriculturist and that the property attached could not be taken in execution by virtue of sec. 60 of the Civil Procedure Code. This objection was disallowed, but the decree holder himself exempted a nohra from attachment. Thereafter the file was consigned to record room. The present application was filed on the 7th of July, 1945. According to the law of limitation prevailing in Kotah State before December, 1v42, the limitation for filing an execution application was six year from the date of the decree or in case there had been a previous execution; six years from the date of such application for execution. In December, 1942, however, Indian Limitation Act, with certain modifications which are not relevant for the purposes of this case, was applied to Kotah State by the resolution of State Council No. 71 dated the 17th December, 1942, It was published in the Kotah State Gazette dated the 1st January, 1943, and was to come into force from the first of the next month after publication in the Gazette. Thus after the coming into force of the said resolution the period of limitation for the execution of decrees was cut down to three years from the date of the final order on a previous execution application, if any, It was. however, provided that in cases where the consequence of the application of the new law would be to bar the proceedings by limitation at once or within one year from the date of the enforcement of the new law, proceedings taken within one year from the date of enforcement of new law would not be considered to be time barred. As the present application for execution was made on the 7th of July, 1945, it was apparently time barred in accordance with the aforesaid resolution. The decree-holder, however, tried to bring his application for execution within limitation by virtue of the resolution No. 58 of 1941-42 of the Kotah State Council dated the 27th May, 1942. According to this resolution, the execution of decrees against cultivators and State servants drawing more than Rs. 20/- P. M. in the whole State was suspended upto the 22nd of Dec, 1942, This resolution was published in the Kotah State Gazette dated the 1st June, 1942, at page 3. Thereafter, by resolution No. 7 of 1942-43 published in Kotah State Gazette dated 1st November, 1942, the period of suspension was extended upto 20th February, 1943. If, therefore, these two resolutions were to apply to the present case, the present execution application will be within time.