ABDUL KARIM Vs. MUSAMMAT ISLAMUNNISSA BIBI

JUDGEMENT

(1.) In this case an application was made to the Subordinate Judge by the judgment-debtors under Section 47 of the Civil Procedure Code, complaining of a seizure of immoveable property belonging to them, made by the decree-holders in excess of their rights under the decree. The Subordinate Judge, after an elaborate inquiry, has found as a fact that the decree-holders took advantage of some ambiguous language in the decree, and deliberately and dishonestly seized more than their decree entitled them to seize.

(2.) The decree was dated the 31st March 1911. The improper seizure took place on the 19th November 1911. The application in question was made to the Subordinate Judge on the 7th July 1913. This delay of nineteen months was due to the judgment-debtors having mistaken their rights and wasted time over a fruitless application. The reason, however, for the delay is immaterial. The delay itself has given rise to the question we have to decide.

(3.) The improper seizure by the decree-holders in excess of their rights under the decree was clearly a question arising between the parties to the suit within the meaning of Section 17. The application of the judgment-debtors was clearly made under that section.