SRIMATI THAKAMOYI DASSI Vs. NADIAR CHAND PALMAL

JUDGEMENT

(1.) THIS is an appeal from an order of the learned District Judge of Midnapore, dated the 13th May 1915, reversing the order of the Munsif of the same place. The appeal involves only one question and that is whether the execution of a decree is barred by limitation. The learned District Judge in a long and carefully considered judgment has come to the conclusion that the decree is barred. I agree with the learned District Judge in the reasons he has given, except in one particular and that is when he states that the case is one of some difficulty, because the view 1 take is that a more easy case on the Statute has never fallen to the lot of the Court to decide. Section 15 of the Indian Limitation Act, which the appellant admits she must bring herself under if she wishes to succeed in this appeal, is in these terms: in computing the period of limitation prescribed for any suit or application for the execution of a decree, the institution or execution of which has been stayed by-injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made and the day on which it was withdrawn shall be excluded." I asked the learned Vakil who conducted the case on behalf of the appellant to point out the injunction or the order staying the execution of the decree; but he has not been able to do so, nor has he been able to give us the date on which it was issued or made or the date on which it was withdrawn. All these are essential in order to bring into force the provisions of SECTION 15 of the Limitation Act. Without any disrespect to the learned Vakil who has argued the appeal on behalf of the appellant, I do not agree with him in the view that when the hearing stands adjourned for two days or for a fortnight, that is an injunction or order staying the execution of the decree. That is an argument which I think is not well founded and which has for the first time been put forward in Court and it ought not to be assented to. In my opinion, the learned District Judge in the present case arrived at a correct conclusion, when he held that this decree was barred by limitation. The present appeal, therefore, fails and must be dismissed with costs, one gold mohur. Newbould, J.

(2.) I agree.