NANAG RAM Vs. MOOL CHAND

JUDGEMENT

(1.) THIS is a second appeal by the judgment-debtor in execution proceedings.

(2.) THE respondent obtained a decree for recovery of money from the Court of munsif, Behror, on 10-10-1930. His first application for execution of the decree was made on 23-7-1934, when the law of limitation was contained in a Schedule appended to the Alwar State Code of Civil Procedure, 1926. That application was disposed of on 13-4-1939. In between, on 13-10-1934, the Alwar Regulation No. IV of 1934 introducing the Indian Limitation Act with certain modifications was brought into force. The next application for execution was submitted on 12-2-1944. Several objections were taken on behalf of the judgment-debtor, but only two of them require consideration at this stage. One objection is that the application was presented after the expiry of 12 years from the date of the decree, and, therefore, the execution was baned under Section 222 of the Code of Civil Procedure in force in the former Alwar State. The other objection is that the application was barred by limitation having been presented more than three years after the disposal of the first application.

(3.) AS regards the first objection it is urged that the execution of decrees against agriculturists was stayed by Government orders on two occasions for a total period of 2 years and 14 days. Section 222 provides for a period of 12 years in the whole for execution of a decree, but there is a direction for exclusion of such period during which the execution was stayed by orders of the Government owing to natural causes beyond human control. The order of stay of execution by the government was made because of scarcity conditions. If the period of two years and 14 days is excluded from the period between the date of the decree and the filing of the last application as it should be, the application is not beyond the period during which a decree can be executed.