AMJAD ALI KHAN Vs. SHEIKH MOHAMMAD USMAN

JUDGEMENT

(1.) This is an execution second appeal. The judgment-debtor is the appellant. The point for decision is, whether or not the lower Appellate Court was right in treating a certain application as being an application for execution which was barred by time.

(2.) The facts which it is necessary to set out in order to dispose of this appeal may be summarised as follows: The date of the original Court's decree was the 29 of November 1913. This decree was affirmed by the First Appellate Court on the 17 of February 1914 and by the High Court on the 7 of December 1915. The decree was for specific performance, the judgment-debtor being ordered to restore to its original condition a certain water course.

(3.) The first application was made on the 19 of July 1916. The present application was made on the 9 of July 1921.