Law: Limitation Act (IX of 1908)

Section: 182

Limitation Act (IX of 1908)  Art. 182-Execution proceedings for possession of decreed land started on 12-9-67-Supreme Court, on application of judgment--- debtor for leave to appeal ordering stay of execution proceedings in executing Court-Leave to appeal ultimately refused but decree-holder not informed of such refusal and proceedings consigned to record room-Decree-holder making another application on 7-3-1972 stating that he was not aware of result of appeal in Supreme Court-Held, proceedings consigned to record-room without making final order could be revived at any time, in circumstances of case and petition for execution subsequently made by decree-holder not time-barred. Mst. Amir Begum v. Lt.-Col. Sayed Mir Fateh Shah and others P L D '1968 Kar. 10; Krishnamachari v. Chengalraya Naidu A I R 1940 Mad. 281 ; Lal Pasi and others v. Ramsaran Lai Chaudhry and others A I R 1925 Pat. 298 ; Sat Narain Lai v. Ganga Lal and others A I R 1926 All. 409; Bibi Hajo and another v. Har Sahay Lai A I R 1926 Pat. 62; Mst. Habban Begum and others v. Mst. Mott Begum A I R 1934 All. 294 ; Kanwar Chandra Rajsaran Singh v. Munshi Lai A I R 1938 Lah. 295 ; Muhammad Taqi v. Raja Ram A I R 1936 All. 820 ; Rams Kant v. Satya Narain A I R 1938 All. 552; Krishnamachari v. Changalraya A I R 1940 Mad. 281 and Imtiaz Ahmad v. Ghulam Ali P L D 1963 S C 382 ref. Date of hearing: 1st August 1975.                                                                                                                                           JUDGMENT By his order dated 27-3- 73 Additional Civil Judge Peshawar dismissed the application of Muaqarrab Khan and Shah Muhammad Khan, decree holders, for the restoration of their execution proceedings under No. 13/10 instituted on 14-9-67 and decided on 5-10-67 wherein they had prayed for possession of land…