SOHAN RAJ TAPARIA Vs. MAHENDRA SINGH

JUDGEMENT

(1.) THIS is an execution first appeal by one Sohan Raj Taparia, decree-holder.

(2.) TWO contentions were raised before the executing Court. One was that the decree was barred by limitation and the other was that an assignee of a part of a decree could not put it into execution. The executing Court held that the decree was within limitation. But at the same time it was of the view that an assignee of a part of a decree could not execute it. The execution application was accordingly dismissed.

(3.) ON behalf of the assignee-decree-holder Sohan Bai Taparia it is contended that the decision of the executing Court on the second point is erroneous and on behalf of the judgment-debtor it was contended that its decision on the question of limitation was erroneous. I shall first consider the question of limitation. I am of the opinion that the execution- application is within time. The decree was passed in 1885 A. D. by a court in the erstwhile State of Jodhpur. At that time there was no period of limitation prescribed for execution of decree either under any law of limitation or under any law of civil procedure. Limitation Act and Code of Civil Procedure were first enacted on 1-6-1913. Under these Acts the limitation for executing a decree was 12 years. These Acts were modified, vide Council Resolution dated 1-12-1914 under which the limitation was enhanced to 24 years. Under Council Resolution dated 6-4-1921 it was provided that in special cases the decree could be executed even up to 30 years.