MT BASANTI Vs. SIRDAR MAL-HARDIT RAI

JUDGEMENT

(1.) This is a judgment-debtor's execution second appeal and arises under the following circumstances:

(2.) The decree now under execution was obtained by the decree-holder firm on the 11 January 1915. An application for execution, before the application giving rise to the present appeal, was filed on the 27 February 1918, and it is admitted on all hands that application was issued to the judgment-debtor but was not served on her, and on the 14 March 1918, the execution Court directed the decree-holder to take appropriate steps for the service of notice on the judgment- debtor till the 19 March 1918. This was not done by the decree-holder within the time allowed. The case was put up before the Court on the 19 March 1918. On that date the judgment-debtor, though not served with a notice of the application for execution, appeared and filed an application to the effect that she had paid the entire decretal amount. On that date the execution Court ordered the execution case to be struck off.

(3.) Two days later, viz., on the 21 March 1918, an application was filed by the judgment-debtor praying that satisfaction of the decree be certified in accordance with the provisions of Order 21, Rule 2, Civil P. C. This application was opposed by the decree-holder but was allowed by the First Court on the 11 May 1918. On appeal by the decree-holder the decision of the First Court was reversed by the Court of first appeal on the 7 July 1920, and the application of the judgment- debtor filed by her on the 21 March 1918, was rejected. Against the decision of the Court of first appeal the judgment-debtor filed an appeal in the High Court which appeal was dismissed on the 3 November 1921. The present application for execution was filed by the decree-holder on the 9 July 1924.