MAHOMED MEHDI BELLA Vs. MOHINI KANTA SAHA CHOWDHRY

JUDGEMENT

(1.) This is an appeal by judgment-debtor No. 4. He contends that the decree which it is sought to execute against him is barred by limitation under Section 230, Civil Procedure Code. The facts are that a decree was given against him for Rs. 480 on the 23 August 1892. An appeal was preferred and a decree for Rs. 960 was on the 29 March 1893, passed jointly against him and the defendant No. 3. It is contended that as more than 12 years had elapsed between the 23 August 1892 and the date of presentation of the present application for execution, execution of the decree is barred. The appellant's pleader relies on the words of Section 230, in which it is said that execution is barred by the lapse of 12 years from the date of the decree sought to be enforced, or the date of the decree on appeal "affirming the same."

(2.) The pleader's contention is that limitation cannot be held to run from the date of the decree in appeal in this case, because it did not affirm the decree of the lower Court. The answer to this would seem to be that it is the decree passed on appeal in this case it is sought to enforce and not the decree of the first Court Hence limitation runs from the 29 March 1893, and the present application for execution is in time.

(3.) The decree in appeal appears to have been rightly passed against the defendants 3 and 4, and cannot now be impugned.