(1.) This is an appeal from an order passed by the learned Subordinate Judge, Allahabad, dismissing the appellants application for execution of decree as barred by limitation. The appellant obtained on 31 March 1927 a simple money decree for Rs. 6,595-11-3 in suit No. 116 of 1926, of the Court of the Subordinate Judge, Benares. The application which has been dismissed by the lower Court was made on 7 November 1930 after a certificate of transfer had been obtained from the Court passing the decree. The application for certificate of transfer was made on 12 August 1930. If no subsequent application had been made for execution or some step-in-aid of execution being taken, there could be no doubt that his application dated 7 November 1930,, was barred by limitation being more than three years from the date of the Ramji. This appeal was heard by a. Bench of this Court, of which one of us was a member on 14 December 1932 It was represented that an application made by the decree-holder on. 19 March 1928 saved limitation, and that the learned Subordinate Judge did not take it into account As the record containing the application of 19 March was not before the Court the-case was adjourned and the record sent for That application together with incidental proceedings is now before us.
(2.) It is not disputed by the learned Counsel for the respondent that if the application dated 19 March 1928, saves limitation, the appellants application of 7 November 1930, was within time It is however argued that the application of 19 March 1928, was not an application for execution or a step-in-add of execution in accordance with law. The application was drawn upon a tabular form following the requirements laid down by Order 21, Rule 11, Civil P.C. In the last column in Which the applicant is required to state the manner in which the aid of the Court was sought if was mentioned originally that certificate be sent to the District Judge of Allababad and the certificate be handed over to the applicant.
(3.) On the same day, that is, 19 March 1928, another application purporting to be one for the amendment of the application already made was presented. It was proved in this application that the word "certificate" mentioned in Col 11 be deleted and the word "precept" be substituted therefor. It was stated in the application for amendment that a certain sum of money belonging to the judgment-debtor was held by the Improvement Trust, Allahabad, and that there was a likelihood of the judgment-debtor withdrawing the money before the decree-holder could have it seized for the satisfaction of his decree Accordingly it was prayed that mention may be made in the original" application that the money standing in the Improvement Trust, Allahabad, to the credit of the judgment- debtor be attached to the extent of the decretal amount. The original application was amended. The word "precept" was added in English. The words" Improvement Trust, Allahabad" have also been added in English. The rest of the contents of that column remained as before. They run as follows: Certificate precept adalat jaji Allahabad men bheji jawa wa certificate dasti ata farmai jawe.