MAHANT GANGADAS Vs. MISRA GOPAL DUTT

JUDGEMENT

(1.) THIS is an appeal by Mahant Gangadas in an execution matter, and arises in the following circumstances:

(2.) THE appellant filed an application on the 24th of July, 1951, for execution of his decree against the respondent. THE judgment debtor objected to the execution of the decree, and raised a number of points. One of the points raised by him was that in view of sec. 48 Civil Procedure Code, the decree could not be executed as more than 12 years had passed after the decree had been passed. THE court below accepted this contention and dismissed the execution application. THE other points were not decided. THEreupon, the decree-holder appealed to this Court. while this appeal was pending, Act XX of 1955 amending the Code of Civil Procedure in this State and inserting sec. 48 A therein came into force, This Act was retrospective in operation, and applied to execution proceedings of this kind, and saved them from the application of sec.48 of the Code of Civil Procedure as it stood.