BABULAL AND ORS. Vs. RAMJI DAS
LAWS(MPH)-1949-12-2
HIGH COURT OF MADHYA PRADESH
Decided on December 23,1949

Babulal And Ors. Appellant
VERSUS
RAMJI DAS Respondents


Referred Judgements :-

BIBI HAJO V. EAR SAHAI [REFERRED TO]
BHAGWAT SINGH VS. EMPEROR [REFERRED TO]
KRISTO KAMINI DEBI VS. GIRISH CHANDRA MONDAL [REFERRED TO]
BHAGWAN DAS VS. JUGAL KISHORE [REFERRED TO]



Cited Judgements :-

LALTA PARSHAD VS. MST. BADAMI AND OTHERS [LAWS(P&H)-1954-10-13] [REFERRED TO]


JUDGEMENT

Chaturvedi, J. - (1.)THIS appeal is on behalf of the judgment -debtors and is directed against the -order of the learned District Judge of Morena, dated 18th November 1948, by which the decree -holder's application for execution of a decree -has been held to be within limitation.
(2.)THE relevant facts are as follows: The decree holder applied to the Pergana Court Sabalgarh on 9th August 1987 for execution of a. decree against the judgment -debtors. This application for execution was numbered Execution case No. 38 of 1994. Therein the decree -holders had applied for sale of a house belonging to the judgment -debtors and in due course the said house was attached. There were several uzardaris (objections) before the sale of the property and in that connection the executing Court received a stay order. The executing Court recorded an order on 9th May 1939 in the following terms:
The order for stay of the proceedings has been passed. It is not necessary to keep the file pending. Hence the file should be consigned to the record room. The decree -holder can proceed after the disposal of the uzardari.

The said uzardari was decided on 14th April 1941; and on 25th January 1947 (after a period of five years and nine months) an application was put in on behalf of the minor son of the decree -holder requesting the Court to revive the execution proceedings and order the sale of the property attached.

(3.)THE judgment -debtors took the objections that this application was barred by time and, the execution Court upheld this objection, but in the second appeal the District Judge over, ruled it.


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