BABULAL AND ORS. Vs. RAMJI DAS

JUDGEMENT

(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:

(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.