ROOPCHAND Vs. LOOBCHAND

JUDGEMENT

(1.) THIS is second appeal by the decree-holder in execution proceedings.

(2.) THE facts giving rise to it are that the appellant got a decree against the respondent on 22nd of March, 1945. He presented an application for execution on 2nd of April, 1947. Notices were issued to the respondent and the case was fixed for 17th of May, 1947. THE respondent was not served and, therefore, direction was given to issued fresh notice to him and the case was adjourned to 26th of June, 1947. On this date the decree-holder failed to put in his appearance and, therefore, the execution application was dismissed for default. THE decree-holder then presented another application on 17th of June, 1950 This time the judgment debtor put in his appearance and contested the execution application on the ground of limitation. It was urged that the decree-holder's first application, dated 2nd of April, 1947 was not in accordance with law and that it could not be treated as a step in aid of execution and, therefore, the application dated 17th of January, 1950 was barred by Art. 182 of the Indian Limitation Act. This objection was allowed by the court and the application was dismissed. THE decree holder went in appeal but the Senior Civil Judge, Sirohi dismissed the same and hence he has come here in second appeal.