- (1.) THESE two appeals involve important questions relating to the law of limitation and have been referred by a Division Bench to a Full Bench.
(2.) IN Appeal No. 8 of 1958, a decree Was passed by the then High Court of bikaner on the 28th of July 1941 in exercise of its original civil jurisdiction in favour of the former Bikaner State against Thakur Sangram Singh of Ghuala. On the 30th of July 1941, an application for the enforcement of the decree by means of arrest of the judgment-debtor was filed in the. Bikaner High Court. This application was consigned to record at the request of the decree-holder On the 27th of February 1942. as a result of the constitutional changes, the assets and liabilities of the former Bikaner State devolved on the State of Rajasthan under article 295 of the Constitution and the State of Rajasthan applied for enforcement of the aforesaid decree against the judgment-debtor in this Court on the 13th of july 1953 and it was sent to the District Judge, Bikaner, for execution. Later on, by the order of this Court dated the 4th of November 1955, the case was transferred to the District Judge, Jhunjhunu for execution in accordance with law. From that court it was transferred to the Civil Judge's Court. In that court an objection application under Section 47, C. P. C. was filed by the judgment-debtor raising various pleas against execution of the decree, one of which was that the execution application was barred by time. The learned Civil Judge decided this question first and held that the application for enforcement of the decree was barred by time and dismissed it and against that order this appeal has been filed by the State.
(3.) IN order to appreciate the contentions of the parties it is necessary to refer to the provisions of law of limitation bearing on this point. At the time when the decree was passed, the Bikaner State Limitation Act, 1920 (II of 1920) (hereinafter called the Bikaner Limitation Act) was in force. This law was practically on the same lines as the Indian Limitation Act, 1908. The relevant portion of Art. 165 of the First Schedule to that Act ran, as follows : Description of Period of Time from application. limitation. which period begins to run. 165. To Twelve Where a enforce a years present right judgment, to enforce decree or the order of the judgment, High Court in decree or the exercise order of its ordinary accrues to original civil some person jurisdiction, or capable of an order of releasing the His is right. Highness the Maharajah. On the integration of the former State of Bikaner into the State of Rajasthan on the 6th of April 1949, His Highness the Rajpramukh promulgated the Rajasthan limitation Act (Adaptation) Ordinance, 1950 (No. VI of 1950) (hereinafter called the Rajasthan Ordinance) which came into force at once. By Section 3 of this ordinance the Indian Limitation Act, 1908 was brought in force in the whole of rajasthan with effect from the date on which the Ordinance came into force. By section 4 read with the Schedule, Article 183 of the Indian Act was omitted. By section 12 of the Indian Limitation Act, all limitation Acts or Ordinances in force in any part of Rajasthan were repealed. Section 9 which runs as follows made special provisions for certain suits etc. : "special provisions for certain suits etc.-- (1) Notwithstanding anything contained in this Ordinance and in the Indian Act thereby adapted to Rajasthan- (a) any suit for which the period of limitation prescribed by the said Act is shorter than the period of limitation prescribed by any law relating to limitation of suits in force in any part of rajasthan on the date of the commencement of this Ordinance and repealed by Section 12 thereof may be instituted within the period of two years next after such date or within the period prescribed for such suit by the aforesaid law, whichever period expires first, and (b) any suit, application or proceeding for which a period of limitation is prescribed by the said Act but for which no period is prescribed by any such law as is referred to in Clause (a)may be instituted, made or initiated within the period prescribed by the said Act computed from the date of the commencement of this Ordinance. 2. Notwithstanding anything contained in Article 149 of the First schedule to the Indian Act, any suit by or on behalf of the Government in respect of which the cause of action had arisen before the date of the commencement of this Ordinance may be instituted within the period of twelve years next after such date or within the period prescribed by the said Article, whichever expires later. " Section 11 laid down a rule of interpretation for the Rajasthan Ordinance and it is as follows : "rule of construction.--Notwithstanding the fact that this ordinance makes no provision or makes insufficient provision in any respect for the adaptation of the Indian Act to rajasthan, any Court, Tribunal or authority, when required to administer the provisions thereof in Rajasthan, may construe the same mutatis mutandis subject to such further adaptations and modifications not affecting the substance as may be necessary and proper in the circumstances". Section 13 made the provisions of the General Clauses Act, 1897, of the Central legislature applicable to the said Ordinance and the Indian Act in the same manner as they applied to a Central Act of Indian Legislature.;