KRISHNA DOSS Vs. MAHOMED MIAN ROWTHEN

JUDGEMENT

(1.) WE think that the order of the District Judge is right. WE construe the order of 18th December 1903 on Execution Petition No. 780 of 1903 as directing that proceedings in execution be stayed until the claim to the attached property shall be disposed of and granting time to the execution creditor to put in the affidavit and encumberance certificates (for the want of which his previous petition had been dismissed) until the disposal of the claim petition. That petition was disposed of on 27th January 1904, and time began to run against the execution creditor from that time. He ought to have put in the affidavit and, encumberance certificate and moved the Court to proceed with the sale within three years at the farthest from that date, but he did not do so. The application Execution Petition No, 582 of 1909, made on the 24th June 1909, was an application to revive and carry through a pending execution petition within the meaning of the Privy Council decision report ed in Sheikh Kamar-ud-din Ahmad v. Jawahir Lal 27 A. 334 : 1 C.L.J. 381 : 15 M.L.J. 258 : 9 C. W.N. 601 : 2 A.L.J. 397 : 7 Bom. L.R. 433 : 32 I.A. 102 and to such an application the Article applicable is No. 178 of the Limitation Act of 1877 as laid down by the Pull Bench of this Court in Suppa Reddiar v. Avudai Ammal 28 M. 50 : 14 M.L.J. 401.

(2.) WE dismiss the appeal with costs.