BHUTNATH DEB Vs. SASHIMUKHI BRAHMANI (ALIAS DEBY)

JUDGEMENT

(1.) This appeal arises in connection with execution proceedings and the main question considered in the Court below was whether the execution was time-barred.

(2.) The decree was passed on the 21 of December, 1918, It was a personal decree against judgment debtors Nos. 1 and 2 passed under Order XXXIV, Rule 6, C.P.C. Respondent No. 3 is a transferee from the other two judgment-debtors.

(3.) The decree-holder's case is that on the, 26 of January, 1919, Rs. 6 was paid by respondents Nos. 1-2, the judgment-debtors, on the 26 of October, 1919, another sum of Rs. 3 was paid by respondents Nos. 1 and 2, on the 2nd of November, 1920, a sum of Rs. 2 was paid by the second respondent alone, on the 20 of December, 1921, a sum of Rs. 2 was paid by the first, respondent alone and on the 17 of January, 1922, Rs. 33 was paid by the second respondent only. The first application for execution was made on the 10 of November, 1922, and notice under Order XXI, Rule 22 on the judgment-debtors was ordered to be issued on the 24 of November, 1922, and the notice was served. No further steps in execution having been taken, the execution case was struck off and a second application for execution was presented on the 28 of January, 1924, It was objected on behalf of the judgment-debtor No. 2 that the execution was barred under Art. 182 of the Limitation Act.