ATARMONI DASI Vs. BEPIN BEHARI DHUR

JUDGEMENT

(1.) This is an application made by Kali Charan Dhur, one of the defendants in this administration suit. The decree directed the plaintiffs and the defendants Nobin Chandra Dhur and Susila Sundari Dasi to pay to the applicant Rs. 2,590-5-3 with interest thereon from the date of the decree until realization. The application is for the execution of that decree under the provisions of Order 21, Rule 11, Civil P.C. and is in the tabular form required by that rule. In Col. 10 the applicant states: I, the applicant pray that the said sum of Rs. 2,590-5-3 with interest thereon at 6 percent, per annum from the date of the decree till realization and the costs of taking out this execution be realized by attachment and sale of the right, title and interest of the judgment-debtors to and in the immovable properties specified at the date of the application and paid to him.

(2.) The tabular statement was duly filed before the Master under Ch. 6, Rule 12, of the Rules of the Court and as the decree was more than a year old the matter fell to be dealt with under the provisions of Order 21, Rule 22 and the Master endorsed the tabular statement in this way: Let usual notice issue under Order 21, Rule 22. (a), Civil P.C.

(3.) The notice was duly issued and WAS dated 8th May 1928. It is to be observed that the decree was made on 8th May 1916 and the notice was dated 8th May 1928, that is to say, exactly twelve years after the date of the decree. Under Section 12(1), Limitation Act, in computing, the period of Limitation, the day from which such period is to be reckoned is excluded. If therefore it can be said that the filing of the tabular statement was itself " an application" then the application was made just within the period of limitation prescribed by Article 183, Schedule 1, Limitation Act.