BISHAMBHAR DAYAL Vs. GOPAL

JUDGEMENT

(1.) THIS is a revision by the decree-holder in the execution proceedings.

(2.) BISHAMBBAR Dayal, legal representative of Mohanlal and Prabhu Dayal, decree-holder filed an application for execution of the decree on 18-7-1950. The decree was dated 12-7-1937. The judgment-debtor raised an objection that the execution was barred under Section 47 of the Civil Procedure Code. The decree-holder in reply said that the execution of the decree was stayed by order of the then Alwar government by various notifications for a period from 7-10-1938 to 31-10-1940, and if this period was to be excluded, the application for execution could proceed. On behalf of the decree-holder, the provisions of Section 15 of the Limitation Act were relied upon. The learned Munsif was of the opinion that the time could not be excluded as the orders were not by a Court but the executive orders of the Government, which were not contemplated in Section 15 to have the effect as claimed. The decree-holder filed an appeal but it was dismissed on 6-9-1954.

(3.) THE decree-holder has now come in revision, as the amount involved did not permit an appeal under Section 105 of the Civil Procedure Code,