GOURI KANT PRASAD Vs. RAMBILAS NARAIN

JUDGEMENT

(1.) This is an appeal by the decree-holder who is aggrieved by the order of the learned Additional District Judge of Muzaffarpur who reversed the decision of the learned Munsif of Muzaffarpur and held that the execution of the decree was barred by limitation in the circumstances about to be narrated.

(2.) It is enough to state that one Deotanand obtained a preliminary mortgage decree against Rambilas and Singheshwar on 4 January 1937, and before it was made final, he assigned it to Gouri Kant Prasad, the appellant before us, Gouri Kant Prasad applied for the decree to be made final in August 1938, and in December 1939, he made an application for a personal decree under Order 34, Rule 6, Civil P.C. We are concerned in the present case with the execution of the personal decree pronounced on 12 June 1940. But unfortunately in the preparation Of that decree the office showed the name of the original preliminary decree-holder Deotanand as the decree-holder instead of Gouri Kant Prasad in whose favour the Court directed that the decree should now be prepared.

(3.) The first application for execution was filed on 30 April 1941 by Gouri Kant Prasad, but the draft of that application omitted to relate that the decree under execution stood not in the name of Gouri Kant Prasad but in the name of Deotanand, This application was dismissed for default on 12 July 1941.