K.C. Agrawal, J. - (1.) THIS is a decree holder's appeal against the judgment and decree passed by the Civil Judge, Agra, dated April 8, 1974, rejecting its execution application as barred by limitation.
(2.) THE material facts are these. Suit No. 234 of 1950 was filed by the Appellant for the recovery of a sum of Rs. 1,25,872/8/6 on account of price of certain cotton bales and oil supplied. On 31 -3 -1955, the suit was decreed with pendente lite and future interest. An appeal brought against the said decree to this Court was dismissed on 6 -4 -1973. After the dismissal of the appeal, the Appellant moved an application for execution for Rs. 1,81,732.18 Paise. The execution application was contested by the judgment debtors Loon Karan Sethia and N.K. Patni. The main objection was that of limitation. It was alleged that in view of Article 136 of the Limitation Act, 1963, the execution application had become barred by time. The decree, according to the judgment debtors, was passed on 31 -3 -1955. As the execution was never stayed, it was an enforceable decree and ought to have been put into execution within twelve years of its being passed.
(3.) THE learned Civil Judge, who was the executing Court, upheld the objection and dismissed the execution application. Being aggrieved, the decree holder has come to this Court.;