RAMJIWAN RAMNATH Vs. ROOPCHAND

JUDGEMENT

(1.) This is an appeal by Messrs. Ramjiwan Ramnath against the order of the Civil Judge, Merta, dismissing the application filed by the appellant against ROOP Chand and others for execution of a decree obtained by them against the respondents from the Calcutta High Court, on the ground that execution was barred by limitation, and there had been no revivor as contemplated by Article 183 Limitation Act.

(2.) The facts are that the appellant obtained a decree against Chhogmal and his sons Roop Chand and others, who are respondents in the present appeal, from the Calcutta High Court on 3-2-1938. The appellant got this decree transferred to Aligarh in 1949, and applied for execution by arrest of Chhogmal, judgment- debtor, in December 1949. The proceedings in the Aligarh Court are said to have come to an end sometimes in 1950. Thereafter the appellant got the decree transferred to the Court at Merta and applied for execution.

(3.) The execution of the decree was objected to by the judgment-debtors respondents, and, among other picas, they raised the plea that the execution was barred by time. The case of the appellant decree-holder, however, was that by virtue of the execution which took place in the Aligarh Court in 1949-50 there was revivor within the meaning of Article 183, Limitation Act. The lower Court has, however, held that there was no revivor under Article 183, and has dismissed the application for execution in consequence as barred by time. The present appeal is against that order,