RADHA BALLAV KHAN Vs. PEARY LALL GHOSH

JUDGEMENT

(1.) The portion of the appellants application for execution with which we are concerned in the present appeal is in respect of their prayer for execution of an ex parte decree which was passed in their favour on the 11 December 1922. It was a decree for recovery of money from the judgment-debtors. On 4 January 1923 the judgment debtors applied for setting aside the decree. On the 9 April 1923 the appellants applied for execution, but, the judgment-debtors on 25 May 1923 obtained from the Court, in which their application for setting the decree aside was pending, an order in these terms: I think that the execution proceedings should be stayed until the rehearing case is disposed of. Let the execution be stayed until further orders.

(2.) In compliance with this order the executing Court after adjourning the execution case from time to time passed in it an order on 14 December 1923, in these words: "It is useless to keep the execution case pending any longer. Struck off." The rehearing petition was dismissed by the Subordinate Judge on 19 December 1923. On 7 January 1924 the judgment-debtors took an appeal to the District Judge, but it was eventually withdrawn by this Court to itself and was dismissed on 21 June 1926. On 11 January 1929 the decree- holders filed the present application.

(3.) The Courts below have held that the application for execution is barrel. The decree- holders have appealed.