KISHORI MOHAN PAL Vs. PROVASH CHANDRA MONDAL

JUDGEMENT

(1.) This is an appeal by the plaintiff arising out of an application for the execution of the decree made in a suit for partition. The respondents who have appeared are four of the defendants in the suit. They are described in the application as judgment-creditors while the plaintiff and the remaining defendants are described as judgment-debtors. The decree bears date the 25 March, 1914. The application was made on the 21 July, 1920, more than six years later. The only question is whether execution is barred by limitation. No previous application for execution having been made, the period of limitation provided by Art. 182 of the Limitation Act is three years from the date of the decree. The words are plain and unambiguous and prima facie this application is out of time.

(2.) Under the Stamp Act of 1899 a decree for partition is chargeable with duty to the amount prescribed by Art. 45 of Schedule I of the Act, and the expense of providing the proper stamp is to be borne by the parties to the decree in such proportions as the Court directs. The result is, that; a decree for partition is not formally drawn up until paper bearing the proper stamp is supplied to the Court. The decree is then engrossed on the stamp paper and signed by the Judge.

(3.) In the present case the decree was signed by the Judge on the 2nd January, 1920, no stamped paper having been furnished till on or shortly before that date.