SATYABADI SAHU Vs. SRI JAGANNATH MAHAPRABHU

JUDGEMENT

(1.) This appeal by the judgment-debtors against an order of the Subordinate Judge of Puri, dismissing their application under Section 47, Civil P.C., raises a point of limitation under Section 78(2), Provincial Insolvency Act.

(2.) The decree under execution was obtained by the decree-holder-respondent on 2-1-1936. The judgment-debtors were adjudged insolvent on 19-3-1937. The adjudication was annulled on 27-10-1942. The present execution petition was filed on 2-12-1942. The Subordinate Judge relied upon Section 78(2), Provincial Insolvency Act as saving limitation. It is contended on behalf of the appellants that the section does not apply. If it does apply, it is clear that the execution petition is within time.

(3.) Section 78(2) provides that: Where an order of adjudication has been annulled under this Act, in computing the period of limitation prescribed for any suit or application for the execution of a decree (other than a suit or application in respect of which the leave of the Court was obtained under Sub-section (2) of Section 28) which might have been brought or made but for the making of an order of adjudication under this Act, the period from the date of the order of adjudication to the date of the order of annulment shall be excluded. There is a proviso to this section which provides that: nothing in this section shall apply to a suit or application in respect of a debt provable but not proved under this Act.