Bapna, J. - (1.) THIS is an appeal against an order of the learned Civil Judge, Jaipur District, in execution proceedings.
(2.) THE appellant obtained a decree on the 8th August, 1934, for recovery of money against the judgment-debtor and while execution proceedings were going on it was noticed by the learned Civil Judge that more than twelve years had elapsed since the date of the decree and he recorded an order that the Indian Code of Civil Procedure having come into force the decree was not executable after the period of twelve years under sec. 48 of the Code. This order was recorded on the 24th April, 1952. THE decree-holder has come up in appeal against that order. It may be pointed out that the decree was passed by a civil court of the Jaipur State and the Jaipur Code of Civil Procedure, then in force, did not contain any provision corresponding to sec. 48of the Indian Code of Civil Procedure. On the formation of Rajasthan the Indian Code of Civil Procedure was adapted to Rajasthan with certain adaptations by Ordinance No. V of 1950 promulgated on the 24th day of January, 1950. Sec. 8 of the Ordinance provided that decrees made before the commencement of this Ordinance in those parts of Rajasthan where a corresponding provision did not then, exist, shall unless they shall have already became time-barred or otherwise infructuous in accordance with any law then prevailing in such parties' be deemed, for the purposes of the application of sec. 48, to have been made on the date of such commencement. This provision thus provided that a decree which was passed on 8th August, 1934 was to be deemed to have been made on the 24th day of January, 1930, for purposes of sec. 41 of the Indian Code of Civil Procedure. The Rajasthan Code of Civil Procedure (Adaptation) Ordinance. 1950, was, however, superceded by the Code of Civil Procedure (Amendment) Act, 1951, (Central Act No. II of 1951) by which the entire Indian Code of Civil Procedure was made applicable to the whole we are not concerned. The Civil Judge was, therefore, light in applying sec. 48 of the Code of Civil Procedure in its entirety. The Indian Code of Civil Procedure was, however, subsequently amended by the Code of Civil Procedure (Rajasthan Amendment) Act, 1952 (Act No. XX of 1952) published in the Rajasthan Gazette (Rajpatra) No. 60 dated the 14th June, 1952. A new sec. 48-A was inserted which provided that for the purposes of the application of sec. 48 to the State of Rajasthan where a decree might have been made before twenty-fifth day of January, 1950, in those parts of Rajasthan where a corresponding provision then existed with a period longer than twelve years provided therein, such longer period or the period of twelve years from the said day whichever expires first shall be the period after which, according to sec 48, no order for execution shall be made. It was provided that this new section shall be deemed always to have been inserted in the Civil Procedure Code in its application to the State of Rajasthan. The Rajasthan Code of Civil Procedure (Adaptation) Ordinance, 1950, came into force on the 24th day of January. 1950, and by sec. 8 thereof the period of execution was 12 years from the 24th January. 1950, plus ten period already elapsed from the date of the passing of the decree till the 24th Jan. , 1950. The total period was thus longer than 12 years. According to sec. 48-A the date after which no order for execution can be made comes to be 24th day of January, 1952. The order of the lower court is, therefore, set aside. The execution is not barred by sec. 48 of the Code of Civil Procedure. The case will proceed according to law. No orders as to costs. .;