KEDAR NATH DEY ROY Vs. LAKHI KANTA DEY

JUDGEMENT

(1.) The question involved in this appeal is whether the application for execution of the decree, out of which this appeal arises, is barred by limitation.

(2.) It appears that the appellant obtained a decree for possession of certain property and possession was delivered to him on the 28th January 1911. The judgment-debtor raised objections to the delivery of possession by the Commissioner, and the Court found it necessary to determine the standard of measurement and, for that purpose, to take evidence in the matter. The decree-holder applied for summons upon his witnesses who were examined. The Court, after taking evidence on both sides, directed fresh delivery of possession by another Commissioner and ordered the decree-holder to deposit costs, which not having been paid, the execution case was dismissed on the 30th January 1914 for default.

(3.) The question is whether the application made by the decree-holder on the 11th February 1911 for summoning witnesses was a step-in-aid of execution under Article 182, Clause 5, of the Limitation Act.