KAMLESHWARI PRASAD SINGH Vs. SHIVACHANDRA BOSE

JUDGEMENT

(1.) This is an appeal by the judgment-debtor. The only question for decision is whether the application for execution of the decree was barred by limitation.

(2.) The facts sufficient for the disposal of this appeal are clearly set out in the order of remand dated 9 January 1916. It is enough to say that the decree under execution was passed on 33 June 1932 and the application for execution was made on 22 May, 1944. Apparently the execution of the decree was barred by limitation on that date. But limitation is sought to be saved on the ground that some of the co-decree-holders were under the disability, that they were below the age of 18, and therefore, by the operation of Section 7, Limitation Act, the decree could be executed on 22 May, 1944.

(3.) There are five decree-holders in this case, namely, Shib Chandra Bose, decree-holder 1, who is the uncle of the other four decree-holders, namely, Santosh, Sudhir, Subhir and Nemai. These last four decree-holders are the sons of one Atul Krishna Bose.