JAGANNATH KHAN Vs. BROJONATH PAL

JUDGEMENT

(1.) This is an appeal against the order of the Subordinate Judge of Faridpore passed in an execution case. The Subordinate Judge has refused execution, holding that it is barred by limitation. The decree-holder appeals to this Court.

(2.) The decree which it is sought to execute was passed by the Calcutta Small Cause Court on the 16 August, 1891. Application for a seal warrant was made to the Court on the 4 August, 1894. The seal warrant was afterwards returned unexecuted.

(3.) Another similar application was made on the 30 July, 1897. The seal warrant then issued was also returned unexecuted. On the 24 January, 1897, the decree was transferred for execution to the district of Faridpore, and application for execution was made to the Subordinate Judge.