LADU RAM Vs. LAXMI NARAIN

JUDGEMENT

(1.) This revision petition is directed against the order passed by the learned Addl. Civil Judge-cum-Addl. Chief Judicial Magistrate No. 1, Jodhpur, dated June 3, 1988.

(2.) The brief facts giving rise to this revision petition are that the plaintiff-Laxmi Narain filed a suit against Ladu Ram for redemption of mortgage. A preliminary decree for redemption of mortgage was passed on March 30, 1974 and it was ordered that a sum of Rs. 3,391.50 is to be paid by the decree-holder for return of the mortgage property. The amount in question was decreed on March 30.1974 and the same was deposited on May 27, 1974. The defendant Ladu Ram preferred a first appeal before the District Court and the same came to be disposed of by the Addl. District Judge No. 2, on Nov. 9, 1978. Aggrieved against this, a second appeal was preferred by Ladu Ram before the High Court and the High Court decided the Second appeal after hearing both the parties, on July 25, 1985. The plaintiff applied for preparation of final decree on Feb. 23, 1987. During the preparation of the final decree the objection was raised that the period of limitation i.e. three years was raised that the period of limitation Act, has already under article 137 of the Limitation Act, has already expired, therefore, the final decree cannot be prepared.

(3.) The learned Civil Judge-cum-Addl. Chief Judicial Magistrate held that the period of three years is to be counted from the date of the appellate decree and accordingly application is within limitation. Aggrieved against this order the present revision has been filed by the defendant Ladu Ram.