P.B.Mukharji, J. - (1.) This is an interesting application in execution. It relates to the execution of the decree of the Madras City Civil Court transferred to this Court for execution. The important point raised is a point of limitation. The judgment-debtor contends that the decree is barred by limitation and cannot be executed.
(2.) A few facts may be very briefly set out in order to appreciate the point involved. The City Civil Court at Madras passed on the 6th. December, 1948, an ex parte decree for Rs. 4,000/- with interest and costs in favour of the applicant. Towards the end of December, 1948, an application was made by the judgment debtor to the City Civil Court for setting aside the ex parte decree. That was dismissed by the City Civil Court on the 24th August, 1949. As against this order dismissing the application to set aside the ex parte decree, the judgment-debtor appealed to the High Court at Madras on the 15th April, 1952. The High Court at Madras allowed the appeal conditionally on the defendant paying the decretal amount together with the costs of the appeal within two weeks after the date of reopening of the Court for Summer Vacation, i.e., some time in July, 1952, and in default the High Court Ordered that the decree in suit was to be confirmed as per decree of the City Civil Court dated the 6th December, 1948 and 15th April, 1952.
(3.) The defendant, however, failed to comply with the order of deposit. The result was that the City Civil Court decree stood confirmed. On the 20th April, 1953 by an order of the City Civil Court a certified copy of the decree of the City Court of Madras was sent to this Court for execution. The matter now comes up before me on a Tabular Statement affirmed on the 23rd June, 1953. It should be recorded that at no stage was there any stay of execution of the decree, obtained by the judgment-debtor.;