ISHARCHAND Vs. RAWAT

JUDGEMENT

(1.) THIS is a second appeal by the decree-holders whose application for execution of their decree has been dismissed by both the courts below on the ground of limitation.

(2.) THE facts which are not in dispute may be stated briefly in order to understand as to how the question of limitation has arisen. The appellants got a decree on 27th of May 1942. They presented their first application for execution on 7th of april 1943. The decree was against one Sukha; but Sukha. having died, the application was made against his legal representatives Rawat and Birbal and satisfaction of the decree was prayed by the arrest of these two persons. It appears that no process was issued against Rawat and Birbal because the appellants failed to pay the process fee and ultimately their application for execution was consigned to record on 30th of June, 1948.

(3.) ON 16th of November 1950 the appellants presented second application for execution. It was also on the same pattern as the first application and that too was consigned to record on 19th of December. 1950.