VITHOBA KONDIBA KOTWAL Vs. TEJIRAM BHAVANIRAM MARWADI

JUDGEMENT

(1.) The question which has been argued is whether a judgment-debtor against whom an application for execution is made in July 1910 in respect of a decree passed in September 1898, can be allowed at this stage to object that the second of a series of Darkhasts which commenced in September 1900 was out of time.

(2.) The lower Courts have both held that the matter is res judicata and that it is not open to the defendant now to raise the point.

(3.) The second Darkhast in regard to which the question arises was taken out on the 28th of September 1903, 25 days more than three years after the prior Darkhast. It has been held that notice under Section 248 was waived by the judgment-debtor, but he is not shown to have appeared on the Darkhast and an order for attachment was issued. That order, however, was acted upon, because, the judgment-creditor failed to point out the property to be attached, and the Darkhast was accordingly struck off.