RAJENDRA LAL SAHA Vs. ABDUL KARIM

JUDGEMENT

(1.) These appeals arise out of proceedings in execution of decrees.

(2.) The decrees were obtained on the 22 May, 1908 and the 13 June 1908 respectively. It is unnecessary to refer to the previous execution proceedings. The last execution proceedings were started on the 27tn November 1916. On the 17 April 1917 the judgment-debtor put in Claims which were registered under Section 47, Civil Procedure Code. On the next date of hearing (28 April 1917), the decree-holder put in a petition to the following effect:-- "Judgment-debt or No. 3 having raised objection to the attachment, it is necessary to file written statement and cite witnesses after obtaining copy of the objection. It is accordingly prayed that a month's time may be granted to me the decree-bolder for adducing evidence against the objections of judgment-debtor No. 3." The case was adjourned to 26 May 1917 along with the miscellaneous cases (the casts under Section 47). On the 26tn May 1917 it was again adjourned to 23 June 1917 and again on that day to 25 June 1917. On the 25th June 1917 the following order was passed:--"The decree-holder's Pleader stated that he will not prosecute this case any further. The execution case is dismissed for non-prosecutoin." The miscellaneous cases were dismissed the next day (26 June 1917).

(3.) The present application was made on the 26tl April 1920 and is prima facie barred by limitation. The decree-holder relied upon the petition made by him on the 28 April 1917 for time as constituting a step-in-aid of execution, and if that is a step-in-aid of execution the present application would be in time.