Indian Kanoon - Search engine for Indian Law

"On the defendants undertaking not to execute the decree dated 10th October 1955 in suit No.6184 of 1954 , pending the disposal of this suit, no order on the motion save and except that costs be costs in the cause."

2. On 17th September 1964 the City Civil Court ordered the plaint in the suit of the defendants in the Small Cause Court suit to be returned to them for presentation to the proper Court. It is an admitted fact that the plaint has not thereafter been represented to any court. On 11th March 1965 the plaintiffs applied to the Small Cause Court for execution of the ejectment decree. The defendants applied for setting aside the execution on the ground that execution was barred by Article 182 of the Indian Limitation Act, 1908. The plaintiffs relied upon the provisions of Section 15 of the Indian Limitation Act and contended that time form 22nd October 1959 when ex parte injunction was granted by the City Civil Court to 17th September 1964 when the plaint was returned to the defendants for presentation to the proper court be excluded on the ground that due to an injunction and later due to an undertaking being in force, the plaintiffs were prevented form executing the decree. The learned Judge who heard this application decided in favour of the defendants and held that the execution application was barred by the law of limitation. Against this the plaintiffs filed an appeal before a Bench of the Small Cause Court. This appeal was allowed on 7th December 1967 and against that order, the defendants have in their turn come in revision to this Court.