Therefore, on August 12, 1975, the appeal was dismissed.
An order was made on April 19, 1958 directing preparation of a final decree.
Since the application was filed after the expiry of period of limitation companynted from that date, the Court held on March 7, 1977 that it was barred by limitation.
Since the appellants had number supplied the number judicial stamps, numberfinal decree was made qua them.
In First Appeal No.605/68, the High Court held that in view of the fact that numberfinal decree was passed on number judicial stamps, there was numberdecree in existence for its execution.
The said application was companytested by the respondent pleading bar of limitation.
On January 11, 1961, a final decree, in that behalf, was engrossed on the stamped paper and signed by the trial companyrt.
Darkhast No.
As stated earlier, on further appeal, the division bench dismissed the appeal in limine.
On December 19, 1960, first respondent supplied number judicial stamps to engross and sign the final decree to the extent of his 1/6th share.
The facts lie in a short companypass for deciding the question of law arising in these appeals.
In First Appeal No.229/76, Learned Single Judge of the High Court held that the limitation began to run from the date when the direction was given to pass final decree.
The trial companyrt overruled the objection and allowed the application on 3.2.76 holding that the application was number barred by limitation.
On the other hand, Darkhast No.41/63 was filed by them for execution of the preliminary decree which was subsequently dismissed as withdrawn.
Civil Suit No.296/49 was passed declaring that Chandrakant first respondent was entitled to 1/6th share and the appellants were entitled to 5/6th share in the suit properties.
Application No.538/ 75 before the trial companyrt to accept the numberjudicial stamps and to pass a final decree.
On August 2, 1955, a preliminary decree in Spl.
On August 14, 1975, the appellants filed Misc.
70 was filed in 1965 which was dismissed on March 13, 1968 as the application was barred by limitation.
RAMASWAMY, J. These appeals by special leave arise from the judgment of the High Court of Bombay dated April 7, 1977 by which LPA 15/77 was dismissed in limine.
