ATARMONI DASI Vs. BEPIN BEHARI DHUR

JUDGEMENT

(1.) This is an application made by Kali Charan Dhur, one of the defendants in this administration suit The decree directed the plaintiffs and the defendants Nobin Chandra Dhur and Susila Sundari Dasi to pay to the applicant Rs. 2,590-0-3 With interest thereon from he date of the decree until realisation. The application is for the execution of that decree under the provisions of Order XXI, Rule 11 of the Civil Procedure Code and is in the tabular form required by that rule. In column 10 the applicant states: I, the applicant pray that the said sum of Rs. 2,590-5-3 with interest thereon at 6 per cent. per annum from the date of the decree till realisation and the costs of taking out this execution be realised by attachment and sale of the right, title and interest of the judgment-debtors to and in the immoveable properties specified at the date of the application and paid to him.

(2.) The tabular statement was duly filed before the Master under Ch. VI, Rule 12 of the Rules of the Court and as the decree was more than a year old the matter fell to be dealt with under the provisions of Order XXI, Rule 22 and the Master endorsed the tabular statement in this way. Let usual notice issue under Order XXI, Rule 22(a) of the Civil P. C..

(3.) The notice was duly issued and was dated the 8 May, 1928. It is to be observed that the decree was made on the 8 May, 1916, and the notice was dated the 8 May, 1928, that is to say, exactly twelve years after the date of the decree. Under Section 12(1) of the Limitation Act, in computing the period of limitation, the day from which such period is to be reckoned is excluded. If, therefore, it can be said that the filing of the tabular statement was itself "an application" then the application was made just within the period of limitation prescribed by Art. 183 of the First Schedule to the Limitation Act.