KASHI PRASAD Vs. MATHURA PRASAD

JUDGEMENT

(1.) This is an appeal in the execution department. It appears that on 19 March 1923, Babu Mathura Prasad and Harbans Prasad made an application for execution against the appellants here, namely, Kashi Prasad and Madan Mohan Prasad, to recover a sum of Rule 3,152.

(2.) The appellants here challenged the application alleging that it had been made beyond time and was not maintainable. The Court below has held that the application is within limitation and now we have this appeal in which we are asked to find that the order of the Court below is wrong.

(3.) The application now under consideration was based upon an order contained in a decree which was passed on 29 January 1917. That was a final decree in a partition suit. In that suit the present appellants were arrayed as the third set of defendants and Mathura Prasad and Harbans Prasad who have made this application for execution were arrayed as the first and fourth sets of defendants.