MAHANTH ACHUTANAND GIRI Vs. SARAN SINGH

JUDGEMENT

(1.) This is an appeal by the decree-holder against the decision of the lower Appellate Court which has held that his petition in execution is time-barred.

(2.) The facts of the case may be briefly mentioned as follows : There was a mortgage decree, dated 3 May 1926, in favour of one Bhownath Gir. Towards the decree a part payment was made on 15 June 1927. It appears that Bhownath died after that, and on 5 May 1930, one Basudeo Gir initiated execution proceedings against the judgment-debtors. This execution was allowed to be dismissed by Basudeo on 26 October 1933. In between these two dates certain incidents occurred. On 12 November 1930, i.e. soon after the execution petition was filed by Basudeo Gir, one Raghunandan Gir entered objection alleging that Basudeo Gir should not be allowed to execute the decree.

(3.) This application was dismissed by the Munsif, and when Raghunandan went in appeal before the District Judge, the Munsif's order was upheld on 16 July 1931. Then it appears that Raghunandan came to this Court and at the time of the hearing, certain incidents occurred which seem to be the chief ground on which the present application is based.