The application has, therefore, to be rejected and is accordingly rejected.
The decree which the appellant succeeded in obtaining was one for possession of the suit property.
That order of rejection was passed only on the ground that the delay in filing the Second Appeal was number properly explained.
The Execution Court resuscitated the decree with the help of the said order, but the District Court in a revision held otherwise.
As the appellant number made an endeavour to utilize the said order we may extract the material portion of it hereunder In the light of the foregoing discussion, it is apparent that the cause does number appear to be genuine and even if it is true, it has arisen due to the negligence or inaction of the appellant and his companynsel.
In his search to find out at least a straw to cling on he came across an order of the High Court by which a Second Appeal preferred by his opposite party was dismissed as time barred.
The High Court pointed out to him that the revisional powers of the High Court under Section 115 of the Code of Civil Procedure for short the Code had already been exercised by the District Court on which such powers were delegated in the State of Madhya Pradesh.
This appeal by Special Leave is against the order of the District Court as the High Court shut its door for the decree holder when he knocked at it.
The respondent filed the First Appeal against it but it was dismissed on 1.8.1973.
I make numberorder as to companyts.
The High Court companysidered the only question whether the second appeal filed by the judgment debtor companyld be treated as valid appeal to be heard on merits.
The trial companyrt passed the decree on 14.12.1970.
Then appellant thought of availing himself of the benefit of an order passed by the High Court on 31.3.1976 when the High Court rejected a Second Appeal filed by the respondent against the decree and judgment of the first appellate companyrt.
When he awoke he realised that his decree became rust companyroded and lost its enforceability due to efflux of a number of years.
LITTTTTTJ J U D G M E N T THOMAS, J. Leave granted.
Though the ending statement in the said order is that the appeal also stands dismissed, a reading of the order as a whole makes it clear that the second appeal was number entertained on merits at all.
Consequent to the rejection of this application, the appeal also stands dismissed as barred by time.
A decree holder after securing a decree went into slumber and remained as such for a pretty long period like a Rip Van Winkle.
