B BANDHU SINGH Vs. KTBANK LTD

JUDGEMENT

(1.) This is a judgment-debtor's appeal arising out of an execution proceeding. Notice was served on the respondent, but no one appears on his behalf. A simple money decree was obtained on 9 March 1916 and it was put in execution. Proceedings continued off and on for a considerably long time, and on 21st November 1925 an application for review was granted and the execution proceedings were restored and declared to start from the stage at which they had arrived on 23 May 1925.

(2.) Twelve years from the date of the decree expired on 9 March 1928, On 8th May 1928 the decree-holder filed an application for the attachment and sale of shares in two new villages which had never been mentioned in any of the previous applications. So far as the attachment of these villages was concerned, the application was undoubtedly a fresh one.

(3.) The learned Subordinate Judge has conceded that in the case of Ram Ratan v. Datar Kuar, A.I.R. 1928 Lah. 808 and Khairat Ali V/s. Wahed Ali, and Krishna Dayal Gir V/s. Mt. Sakina Bibi [1916] 34 I.C. 27, it has been laid. down that an application for the sale of a new property cannot be acted upon by the execution Court when it has been made after 12 years have elapsed from the date of the decree; but he has, held that in view of the frivolous objections taken by the judgment-debtor from time to time there was fraud or force within the meaning of Section 48, Civil P.C., which extends the period. He has relied on the case of Lalta Prasad V/s. Suraj Kumar A.I.R. 1922 All. 145 in support of his view.