RABIUDDIN Vs. RAM KANAI SEN

JUDGEMENT

(1.) The question involved in this appeal is, whether the application for execution of the decree was barred by limitation.

(2.) The preliminary decree was dated the 23th June 1912 and the final decree was dated the 6th February 1915. The application for execution was made on the 25th March 1918, that is more than three years after the date of the final decree.

(3.) It appears that subsequent to the 25th March 1918 an application for amendment of the decree was made on behalf of the decree-holder. That application was allowed without any notice to the judgment-debtors. After the amendment was made the judgment-debtors were served with notice and then they appeared and raised objection to the execution on the ground that it was barred by limitation. The Courts below have overruled this plea and the judgment-debtor-defendant No. 3, has appealed to this Court.