Syed Rafakat Hussain Vs. Syed Mehdi Hussain On 02 February, 1919

iDraf

Issue

Open iDraf

Syed Rafakat Hussain v. Syed Mehdi Hussain

Syed Rafakat Hussain
v.
Syed Mehdi Hussain

(High Court Of Judicature At Patna)

Appeal from Appellate Order No. 202 of 1918 | 02-02-1919

1. In this case the question whether the execution of the decree is time-barred depends upon whether an Application to withdraw a previous application for execution could be regarded as a step-in-aid of execution. In view of the consistent rulings of the Courts that fresh execution proceedings can be brought at any time even though previous applications have been dismissed for default or withdrawn without permission to make a fresh application, it must be held that the application to withdraw from the previous execution proceedings was purely a redundance and could not facilitate in any way the execution of the decree. In our view the learned District Judge was wrong in holding that the decree was not barred by limitation. The appeal is, there fore, decreed. It is ordered that the execution proceedings he struck off as time-barred. The judgment debtor will have his costs in this Court and in the Court of Appeal and the Court of first instance.

Advocates List

For Appellant/Petitioner/Plaintiff: Abani Bhusan Mukerji For Respondents/Defendant: Rajendra Prasad

Bench List

Hon'ble Judge

Reginald Roe

Hon'ble Judge

W.S. Coutts

Eq Citation

50 IND. CAS. 444

LQ/PatHC/1919/26

HeadNote

Limitation Act, 1908 — S. 14 — Application to withdraw previous application for execution — Held, could not be regarded as a step-in-aid of execution — Execution of decree, held, time-barred — Civil Procedure Code, 1908, Ss. 47 and 48