MRS LALL Vs. RAJKISHORE NARAIN SINGH

JUDGEMENT

(1.) This is an appeal from a decision of the Subordinate Judge of Gaya dismissing the appellants petition for the execution of a decree on the ground that it is barred by limitation. The decree in question was obtained by Mr. Lal in a mortgage suit on 8 December 1917 and was made final on 2 December, 1918. No less than five applications have been made for the execution of the decree since the first being made by Mr. Lal himself (vide order sheet of Execution Case No. 103 of 1919) on 11 March 1919. Shortly after this application Mr. Lal assigned the decree to one Sheo Prasad Singh for a sum of Rs. 23,200 out of which a sum of Rs. 17,000 was paid by Sheo Prasad and Rs. 6,200 remained due. On 18 June 1919 the execution was struck off and on 3 September 1919 Sheo Prasad, the assignee, made an application for executing the decree, but that application also was struck off on 18 November 1919.

(2.) The third execution was taken out on 10 March 1922 by Sheo Prasad giving rise to Mortgage Execution Case No. 192 of 1922. Mr. Lal objected to this execution on the ground that the full consideration money not having been paid to him by Sheo Prasad the latter was not competent to execute the decree. This objection ultimately prevailed and the execution proceeding was struck off. On 21 March 1925 Mr. Lal himself applied for the execution of the decree (vide order sheet of Execution Case No. 46 of 1925) and notices were issued under Order 21, Rule 22 upon the various judgment- debtor.

(3.) On 26 June 1925 the Court being satisfied that the notices had been served, issued notices under Order 21, Rule 66 making them returnable by 15 July 1925. Ultimately on 20 December 1926 this execution was also dismissed. As Mr. Lal died on 18 January 1927 his interest passed to his wife Mrs. Lal and his daughter Miss Lal, and on 19 January 1929 they applied for the execution of the decree (vide order sheet of Case No. 3 of 1929) and the Court issued notices under O.21, Rule 22 upon the judgment- debtors.