QASIM ALI KHAN Vs. MUSAMMAT BHAGWANTA KUAR

JUDGEMENT

(1.) The facts of this case are as follows:--The respondent s predecessor-in-title obtained a decree for sale against the appellant and others in the year 1897. Execution of the decree was obtained on many occasions but the decree has not yet been satisfied. Another application for execution has now been made. The present appellant and one other objected that the execution of the decree was barred under Section 48 of the Code of Civil Procedure.

(2.) The Court below, relying on a ruling of this Court that the rule laid down in Section 48 did not govern the case of mortgage decrees passed prior to the coming into force of the present Code of Civil Procedure, disallowed the objection.

(3.) In so doing the Subordinate Judge wrote a judgment which was delivered on September 23rd, 1916. He also drew up a formal order nr rather a decree, i.e., a formal expression of his decision of the question.