- (1.) THIS is a judgment-debtor's appeal against an order of the Civil Judge, Bareilly, partly dismissing his objection to the execution of a decree against him in favour of the respondent to the effect; that the application for the execution of the decree was time barred.
(2.) THE simple money decree in suit was passed on 11-5-1932 for Rs. 7500. The decree allowed instalments of us. 25 a month. It provided : "if the defendant fails to pay three consecutive instalments, the plaintiff will he at liberty to realise the whole decretal amount in one lot. " Instalments falling due on 11-7-1932 or thereafter were not paid.
(3.) THE decree-holder applied on 5-9-1934 for the execution of the decree with respect to the entire decretal amount. This application was dismissed without satisfaction. Three other applications with similar prayers were similarly disposed of. The present application is the fifth application for execution, and was presented on 21-4-1945. It may be just noted here that these five execution applications were all presented within three years of the respective previous application.;