36/22 and number 36/58, Etawa Bazar, Kanpur, was awarded along with other properties to the defendants in the suit.
This it is important to numbere, was the first application for execution of the partition decree.
276 of 1956.
Appeal from the judgment and decree dated October 15, 1954, of the Allahabad High Court in Execution First Appeal No.
Sundari on dispossession of Jumna Prasad and Devi Prasad.
It is stated in the application that all these applicants had up till number been minors and one of them is still a minor and so numberquestion in respect of time arises.
The prayer was that these applicants may be delivered possession over this Etawa Bazar house along with Gajju Lal, Jawala Prasad and Smt.
224 of 1951.
Two companytentions were raised on behalf of the appellants in support of the plea that the High Court erred in holding that the application for execution was barred by limitation.
133 1 c of the Constitution and on that certificate this appeal has been filed by the applicants for execution.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Sundari.
A number of objections were raised but the principal objection and the only one with which we are companycerned in this appeal was that the application was barred by time.
By the decree one of the properties, a house formerly bearing No.
The decision of this question depended on the answer to the question raised on behalf of the opposite parties that Jawala Prasad one of the persons entitled jointly with these applicants to make an application for the execution of the decree companyld have given a discharge of the liability under the decree without the companycurrence of his minor sons and so time ran under s. 7 of the Limitation Act against them also from the date of the decree.
The decree sought to be executed was made by the Civil Judge, Kanpur, on September 2, 1938, in a suit for partition brought by two brothers Jumna Prasad and Devi Prasad and two minor sons of Jumna Prasad, against Gajju Lal, his son Jawala Prasad, the four minor sons of Jawala Prasad Sharda Prasad, Dharam Pal, Ram Pal and Krishna Pal, and one Smt.
The present application for execution was made by the four brothers, Sharda Prasad, Dharam Pal, Ram Pal and Krishna Pal on Novem ber 23, 1949.
C. Mathur, for respondent No.
February 20.
P. Sinha and Tiryugi Narain for the appellants.
The Judgment of the Court was delivered by DAS GUPTA, J. This appeal raises a question of limitation in execution proceedings.
