SAM NARAIN SINGH Vs. RAGHUBANS MANI PRASAD

JUDGEMENT

(1.) This is an appeal by the judgment-debtors from an appellate order of the learned Additional District Judge of Gaya, dismissing their objection under Section 47 of the Code of Civil Procedure.

(2.) The decree under execution is a money decree passed by the third Court of Additional Subordinate Judge, Gaya, on the 26th October 1944. On 8th October, 1947, the decree-holder filed an application for execution in the third Court of Subordinate Judge, Gaya. On this application the office submitted a note that the decree was passed not by the third Court of Subordinate Judge, but by the third Additional Court of Subordinate Judge. Against this office note the decree-holder's pleader noted on the application-

(3.) The judgment-debtors filed an objection under Section 47 of the Code of Civil Procedure on the ground that' the decree was barred by limitation. The decree-holder, on the other hand, sought to save limitation by excluding the period from 8th October, 1947, to 19th January, 1948, under Section 14 of- the Limitation Act.