M NOORUL HODA Vs. RAI NOHAR PRASAD VERMA

JUDGEMENT

(1.) This is a second appeal in an execution matter. The decree-holder appellant held a decree against the judgment-debtor-respondent, dated 3 July 1931. He put the decree into execution, and on 10 February 1936, the decretal amount was realised in part after the sale of certain properties.

(2.) On 28 February 1936, the Court approved the schedule of rateable distribution and dismissed the execution case on part satisfaction. On 18 March 1936, the decree-holder applied for the withdrawal of the amount lying in Court.

(3.) The present execution petition was filed on 18 March 1939, and it was urged on behalf of the judgment-debtor that the application was barred by limitation. Both the lower Courts have held that the application was barred, hence this second appeal.