UMIA SHANKER Vs. FIRM JANI KHUSALJI JETHAJI

JUDGEMENT

(1.) THIS is a judgment-debtors execution second appeal against an order of the appellate court holding that the execution application was within limitation.

(2.) AN instalment decree was passed in this case on 24-2-56. The decretal amount was payable in instalment of Rs. 75/- per month. The first instalment fell due on 12-5-56 There was a default clause entitling the decree-holder to recover the balance of the amount in lump sum if there was default in the payment of 3 instalments. There was such a default before 14-7-60 and on 14-7-60 the decree-holder filed an execution application for recovering the balance due taking advantage of the default clauses. Nothing was realised from the judgment debtor in this execution application. The present execution application was filed on 1-4-64. The judgment-debtor filed an objection that it was barred by limitation. His objection was dismissed by both the courts below.