Kapur, J. - (1.) This is a decree-holder's appeal against an order passed by the Executing Court dated 2-2-1954 dismissing the application of the decree-holder for execution on the ground that it is barred by time.
(2.) Cross-suits were pending in the Court of a Subordinate Judge in Gujrauwala. On 10-10-1945 they were referred to arbitration and an award was made in favour of Harkishan Das, the date of which is not quite clear. Objections against the award were dismissed on 19-11-1946 and a decree was passed in accordance with the award on 30-11-1946, the amount being Rs. 7,000/-. On 14-1-1947 an appeal was filed in the Lahore High Court against the order refusing to set aside the award and this appeal was dismissed for default on 6-21948 on the ground that the parties were not present and that notices in accordance with the rules of the High Court had been issued to the parties.
(3.) The decree-holder made an application for execution on 14-8-1950 in a Court at Delhi. The judgment-debtor pleaded that the application was barred by time, and there were Other pleas also which are not necessary for the purposes of this appeal. The learned Judge held that the application was barred by time. In appeal reliance was placed on Article 182(2) of the Limitation Act and it was submitted that as an appeal had been brought the date from which the time for execution begins to run is 6-2-1948. The relevant portion of this article when quoted runs as under: "182. For the Three 1. The date of the decree execution of a years order, or decree or order* * * 2. (whore there has been * * * an appeal) the date of the final decree or order of the appellate Court, or the withdrawal of the appeal, or * * * *" The contention raised is that the time runs from the date of the final decree or order irrespective of whether the appeal is from the decree which is sought to be executed. As I read the words of this Article the period of three years for the execution of the decree or order starts from the date of the decree or order which is sought to be executed. Sub-clause (2) of the third column shows that the time begins to run from the date of the final decree or order and the question to be decided is what is the meaning of the words 'where there has been an appeal'. Must the appeal necessarily be" against the decree which is to be executed or the word 'appeal' would include such an appeal against proceedings which may imperil the decree wholly or partly or not at all.;