M M ABDUL KARIM Vs. ALI BAKHSH

JUDGEMENT

(1.) This revision application under Section 25, Small Cause Courts Act, was referred to the Bench by one of us. The question which arises is whether the suit filed against three joint executants of a ruqqa two of whom are agriculturists and the third a non-agriculturist, will be governed by the provisions of Section 5, U.P. Act X

(10.) of 1937 (The Temporary Postponement of Execution of Decrees Act) so as to prevent its being time-barred.

(2.) The learned Judge of the Court of Small Caution has dismissed the suit as being time. barred because in his view the limitation for recovery of money due under the ruqqa began to run against the non-agriculturist from the date of execution and as Section 5 does not contemplate the running of one kind of limitation against the agriculturist and another against the non- agriculturist, the suit against them also must be held to be barred.