HIRA LAL Vs. TIKAM SINGH

JUDGEMENT

(1.) This is an appeal arising out of certain execution proceedings. A decree, which was more than three years old, was put in execution and notice was served on the judgment-debtor to show cause why it should not be executed. He filed written objections admitting certain payments made out of Court and yet pleading that the application was barred by time. On the date fixed for the hearing of objections, he did not appear. The Court passed the following order;

(2.) Objector absent. Objection dismissed for default.

(3.) From this order the judgment-debtor appealed to the lower appellate Court which came to the conclusion that even though the judgment-debtor was absent the Court ought to have considered the plea of limitation on its merits and should have disposed of it. Instead of deciding the point of limitation itself as it was urged by the judgment-debtor the lower appellate Court thought that an opportunity should be given to the decree-holder to show cause, if he can, that his application was within time. The case was accordingly remanded for disposal according to law.