RAMENDRA SINGH ALIAS RABINDRA SINGH Vs. GANDHI BAURI

JUDGEMENT

(1.) Heard learned counsel for the petitioner. No one appears on behalf of the opposite party.

(2.) In this revision application under Section 115, Cr.P.C. the petitioner has challenged the order dated 20-2-2006 passed by Munsif- II, Dhanbad in Execution Case No.2/2006 whereby he has dismissed the execution case on the ground that the same is barred by limitation inasmuch as it was filed after 22 years from the date of the decree.

(3.) Learned counsel for the petitioner assailed the impugned order mainly on the ground that in a case where decree is for perpetual injunction, there is no limitation in filing application for execution. In my opinion, the submission made by the learned counsel is wholly misconceived. It appears that the plaintiff-petitioner has obtained an ex parte decree in Title Suit No. 18/87 against the opposite party. The decree was passed on 7-4-88. The operative portion of the ex- parte decree reads as under:-