THAKUR PRASAD Vs. FAKIR-ULLAH

JUDGEMENT

(1.) IN this appeal the appellant complains that the High Court of Allahabad has erred in refusing to entertain his application to execute a decree obtained by him against the respondents on the 11th of April 1883.

(2.) THE mode in which the question arises is as follows: The appellant first applied for execution on the 20th of August 1885. He did not actively prosecute that application, and on the 5th of January 1886, his pleader stated that the case might be struck off the list of pending cases "for the present." An order was accordingly made striking the case off the list "for default."

(3.) BY the Civil Procedure Code of 1882 it is enacted in Section 373 that if the plaintiff withdraws from the suit or abandons part of the claim without the permission of the Court to bring a fresh suit, he shall be precluded from bringing a fresh suit for the same matter or in respect of the same part. By Section 647 of the same Code it is enacted that the procedure therein prescribed shall be followed as far as it can be made applicable in all proceedings in any Court of Civil Jurisdiction other than suits and appeals.