BACH RAJ Vs. BHANWAR LAL

JUDGEMENT

(1.) THIS is an execution appeal by the decree-holders against an appellate order of the Senior Civil Judge, Jodhpur holding that their execution application was barred by limitation. The Executing Court has held that it was within limitation.

(2.) THE decree was passed on 24th March, 1952. Shri Ugamraj Bhansali was the lawyer who conducted the case in the trial court on behalf of the plaintiffs. On 151-1953 he presented an execution application which was signed by him. It was not signed and verified by any of the decree-holders. As was held in Hassan Saheb v. Ramchandra Appaya, AIR 1929 Bom 196 if Shri Ugamaraj had also verified the execution application it would undoubtedly have been in accordance with law. But the defect of want of verification was not noticed by the Executing Court and the application was acted upon. The property of the judgment-debtor was attached on this execution application. The judgment-debtor appeared and filed some objections. He too did not take the objection that the application was not verified. It was, however, dismissed for default on 10th September, 1955.

(3.) THE second execution application was filed on 19th November, 1956. It was properly signed and verified. Notices under Order 21, Rule 22 Civil Procedure Code were issued to the judgment-debtor for 2nd February, 1957. On that date the executing Court passed an order that the notices had been served and required the decree-holders to deposit the process fee. The process fee was deposited by the decree-holders, and on 13-4-1957 an order was passed for issuing a warrant of attachment under Order 21, Rule 30 Civil Procedure Code. On 23-4-1957 a warrant of attachment was actually issued.