NISAMONO DIBYA Vs. INDRAMONI SAHU
HIGH COURT OF ORISSA
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(1.) THE respondents obtained a decree for Rs. 282-59 p. together with costs against the appellants on 3-11-1959 in the court of the Subordinate Judge, cuttack exercising powers under the Provincial Small Cause Courts Act. The decree-holders levied execution of the decree in Ex. Case No. 69 of I960 on 2'0-41960 in the Court of the Subordinate Judge, Cuttack. This execution case was dismissed on 6-12-1965. Thereafter the decree-holders filed an application in the court of the Subordinate Judge. Cuttack on 8-3-1967 to transfer the decree to the court of the Subordinate Judge, Bhubaneswar under Section 39 C. P. C. After the decree was transferred, the execution case No. 44 of 1968 was instituted for executing the decree.
(2.) THE judgment-debtors preferred an objection under Section 47, C. P. C. that the execution case was barred by limitation. This objection was registered as Misc. Case No. 58 of 1969. The Subordinate Judge, Bhubaneswar held this execution case No. 44 of 1968 to be barred by limitation as the previous execution case No. 69 of 1960 which had been dismissed on 6-12-1965 was not in accordance with law and as such, was not a step-in-aid of execution. From the order of the subordinate Judge, Bhubaneswar passed in Misc. Case No. 58 of 1969 the decree-holders filed C. R. No. 386 of 1969 (Orissa) in the High Court and also Preferred an appeal to the District Judge. Puri which was numbered as M. A. No. 88 of 11969.
(3.) C. R. No. 386 of 1969 was referred to a Division Bench of this Court which decided in favour of the decree-holders. It held that the execution case No. 69 of 1960 was a step-in-aid of execution even though it also expressed the view that civil Revision did not lie from the order, it being an appealable order. This decision has been reported in 1970 (1) Cut WR 168.;
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