RAM RATAN CHOWDHURY Vs. UPENDRA CHANDRA DAS

JUDGEMENT

(1.) This is an appeal by the judgment debtor against an order in an execution-case. It is argued before us on behalf of the appellant that the execution is barred. The original decree was obtained on the 1 June 1914 and the application for execution was made on the 17th December 19(sic)9. But it appears that against the original decree an application for review was filed on the 24 June 1914 and was not dismissed until 24 June 1915. Against the order of dismissal an appeal was preferred to this Court, which was dismissed on the 28 May 1917. The Court said that no appeal lay against such an order. Now, the learned Judge in the Court below has held that limitation did not begin to run until 28 May 1917, He is clearly in error with regard to this. Assuming that limitation did not commence to run until after the 24 June 1915, clearly limitation began to run after that date, as the appeal against the dismissal of the review application was incompetent.

(2.) In the result, the appeal succeeds and we hold that the execution is barred by reason of limitation.

(3.) The appellant is entitled to his costs in this Court, bearing fee two gold mohurs.