BANCHANIDHI KAR Vs. UDEKAR SAHU

JUDGEMENT

(1.) This is a second appeal against the decision of the District Judge of Cuttack holding on appeal from the Munsif of Bhadrak that a certain decree was barred by limitation as against three persons.

(2.) The decree in question was passed on 24 June 1941 against four brothers on the basis of a debt incurred by their deceased father. On 20 May 1944 an endorsement was made by one brother who was judgment-debtor 2 narried Surjyamani Sahu of a payment towards satisfaction of the decree. On 6 July 1944, the execution proceedings were taken out against all brothers. On 22nd December 1944 an objection petition was filed on behalf of the three brothers judgment-debtors 1, 8 and 4 contending that the petition for execution was barred by limitation as against them. In reply the decree-holder urged that this claim was barred by consideration of res judicata under certain circumstances to which I will refer later.

(3.) The Munsif overruled the decree-holder's plea of res judicata but held against judgment-debtors 1, 3 and 4 on the question of limitation. On appeal the learned District Judge did not deal with the question of res judicata but held in favour of those three judgment-debtors on the question of limitation. Hence the appeal by the decree-holder to this Court.