SURAJSEE Vs. SHEONATH SINGH

JUDGEMENT

(1.) THIS execution second appeal by the decree-holder has been referred to this Bench by a learned Single Judge.

(2.) THE facts which have given rise to it are these. THE appellant got a decree for Rs. 223/12/- on 15. 9. 34 which was recoverable in 12 instalments as shown in the decree. THE first execution application was presented on 19. 11. 38 which was dismissed on 12. 1. 39. THEreafter various applications for execution were made. THE last application with which we are concerned in the present case was made on 24. 4. 53. It was dismissed on 2. 5. 53 on the ground that it was barred by limitation under sec. 48 of the Code of Civil Procedure. THE lower appellate court agreed with the executing court and dismissed the appeal of the decree-holder against which the present second appeal has been filed.