KNIGHT, SIR HENRY RICHARDS, SIR PRAMADA CHARAN BANERJI
body1918
DigiLaw.ai
JUDGMENT : RICHARDS, C.J. and BANERJI, J.:— The facts of this case are somewhat complicated, but they can be shortly stated. One Sri Kishan Das obtained a decree. The decree was against one Dambar Singh, Karan Singh and certain other persons. The decree awarded possession of certain property and costs against all the judgment-debtors jointly. Karan Singh and Dambar Singh alone appealed to the High Court, which dismissed the appeal with costs against Dambar Singh and Karan Singh. This happened on the 1st of December, 1904. Dambar Singh had a decree against Sri Kishan Das, and be attached either the first court's decree or both the first court's decree and the decree made by the High Court (it is not quite clear which) in execution of his decree against Sri Kishan Das. From time to time Dambar Singh sought execution against all the judgement-debtors other than himself and Karan Singh. From time to time he realized money as the result of these applications for execution, and eventually it was held that be had realized the amount awarded by the first court's decree. No mention appears ever to have been made specifically of the decree of the High Court, and it would almost seem as if it was the first court's decree, and not the High Court's decree which was being executed by Dambar Singh. So far as the High Court's decree is concerned the last application for execution previous to the present one was in the year 1907. Sri Kishan Das eventually became insolvent, and the present applicants were purchasers at public auction of the assets of Sri Kishan Das, including the decree or decrees to which we have referred above. The present applicant is, therefore, entitled, (provided he is within time) to execute the decrees which Sri Kishan Das obtained, and the present application was against Dambar Singh for the alleged balance still due upon foot, of the first court's decree and the High Court's decree. It seems to us quite clear that so far as the first court's decree is concerned the full amount was already realized by Dambar Singh before Sri Kishan Das became insolvent.
It seems to us quite clear that so far as the first court's decree is concerned the full amount was already realized by Dambar Singh before Sri Kishan Das became insolvent. It is argued that the applications which were made from time to time by Dambar Singh, the last of which was admittedly within three years of the present application, saved limitation and entitled the present owner of the decree to apply for execution. We do not think that this can be so in the present case, because the money which it is now sought to realize is really the money due on foot of the High Court's decree, and that decree was against Dambar Singh and Karan Singh only. No previous applications since the year 1907 were made either against Dambar Singh or Karan Singh. This being so, the order of the court below was correct and must be confirmed. We dismiss the appeal with costs.