SURJA KUMAR DUTT Vs. ARUN CHUNDERROY

JUDGEMENT

(1.) The only question which arises on this appeal is whether the present application for execution is barred by the statute of limitation.

(2.) It appears that the suit is one for partition, in which a decree was made so far back as 1890 and, under that decree, the present appellant had to pay to the defendants Nos. 1, 2, and 3 a sum of Rs. 800 or Rs. 900 by way of equality of partition. So far as this payment is concerned, it was a joint decree. Defendants Nos. 2 and 3 are the present respondents. Nothing has been done by the defendants Nos. 1, 2 and 3 to enforce the abovementioned partition of the decree, until the present application was made by the defendants Nos. 2 and 3, the younger of whom is still a minor, whilst the other attained his majority a short time, at any rate within 3 years, before the present application.

(3.) The question is whether the present application is out of time, and this depends upon whether or not the applicants are entitled to the benefit of Section 7 of the Limitation Act. Both the Lower Courts have held that the claim is not statute barred.