KAMESHWAR PROSAD SINGH Vs. LALU MAL

JUDGEMENT

(1.) The only question which arises in this appeal is one of limitation.

(2.) It appears that the decree under execution was passed by the Subordinate Judge of Gaya on 29 September 1931. On 21 December 1931 the decree- holder asked the Subordinate Judge to transfer the decree for execution to the Court of the District Judge at Patna and the Subordinate Judge passed an order to that effect. On 28 July 1932 the decree was transferred by the District Judge to the Subordinate Judge, Third Court at Patna, and on the same day, the decree- holder applied to him for the execution of the decree. The execution case however was struck off on 27 September 1932, as the decree-holder failed to comply with certain orders passed by the executing Court.

(3.) The present application for execution was made by the decree-holder on 18th July 1935 and it is now contended on behalf of the judgment-debtors that this application is barred by limitation inasmuch as the application made by the judgment-debtors on 28 July 1932 was not made to the proper Court and was not in accordance with law. The jurisdiction of the Subordinate Judge of Patna to entertain that application is assailed on the sole ground that the number of suit and the names of the judgment-debtors given in the certificate of non satisfaction issued by the learned Sub-ordinate Judge of Gaya on 8 January 1932, were not correct.