MEER BISMILLA MEER JANGU Vs. JAGANNATH BINJRAJ MARWADI

JUDGEMENT

(1.) THIS is an appeal by Meer Bismilla, the judgment-debtor, to set aside the order dated 4-11-1940 passed by the District Court, West Berar Division, Akola, in Civil Appeal No. 11-B of 1940, affirming the order dated 27-6-1940 passed by the Court of the Subordinate Judge, 2nd Class, Malkapur, in execution, holding that the application dated 12-6-1939 made by the respondents for execution of the decree, dated 12-12-1924, in civil suit No. 190 of 1924 was within limitation.

(2.) THE question for decision in this appeal is whether the application made on 12-6-1939 by the respondents for execution of the decree dated 12-12-1924 in Civil Suit No. 190 of 1924 was barred by limitation under Section 48, Civil P.C. In order to decide the question it is necessary to set out briefly a few relevant facts.

(3.) SECTION 48(1), Civil P.C., is in these terms: Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of 12 years from: (a) the date of the decree sought to be executed, or, (b) where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree.