BHOLANATH DASS Vs. PRAFULLA NATH KUNDU CHOWDHRY

JUDGEMENT

(1.) The question for determination in this case is whether the present application for execution of the decree obtained by the respondent is barred by limitation.

(2.) The first Court held that the application was barred by limitation. On appeal the Lower Appellate Court has reversed that decision, and hence this appeal by the judgment-debtors.

(3.) The contention on behalf of the appellants is, that the present application is barred, because the application preceding it was barred; and when once an application for execution is barred by limitation, no subsequent application, though made within three years after it, can be held to be in time. In answer to this contention, the learned Counsel for the respondent says, as the Court of Appeal below has said in its judgment, that though the last preceding application for execution might have been barred by limitation, yet the appellants are precluded by an order of the Court from urging that it was so barred.