SHEIKH MOHAMMAD NAGIR Vs. SHEIKH ALAUDDIN AHMAD

JUDGEMENT

(1.) The only question which arises in this appeal is one of limitation and it arises upon the following facts.

(2.) In 1932 the appellants brought a title suit against the respondents which was dismissed on 4 August 1933 with costs. Thereupon they appealed to the District Judge but their appeal also was dismissed with costs on 22 December, 1934. The appellants then prefer, red a second appeal to the High Court which was dismissed with costs on 19 September 1935 as talbana was not filed within the time prescribed. The appellants thereupon filed a miscellaneous judicial case for the restoration of the second appeal and this case was dismissed with costs on 16th January 1936. Thereafter, on n January, 1939, the respondents executed their decree for costs which included the costs allowed to them in the trial Court, in the first and the second appeals and in the miscellaneous judicial case.

(3.) A question then arose as to whether the period of limitation for the execution of the decree for the costs of the suit and the appeals would run from 19 September 1935, the date when the second appeal was dismissed for default or from 16 January 1936, when the miscellaneous judicial case was dismissed. The first Court came to the conclusion that the appellants application for execution was barred except in so far as it related to the costs allowed in the miscellaneous judicial case decided on 16 January 1936.