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7. The Civil Judge, Junior Division, Batala vide his judgment dated 20th May, 2008 negatived the objection taken by the respondents regarding the suit being barred by limitation. The relevant portion of the judgment of the Trial Court reads thus:

“13. Article 2(b) of the Punjab Limitation (Customs) Act 1920 provides the period of limitation of three years for a suit for possession of an ancestral immovable property which has been alienated, on the ground that alienation is not binding on the plaintiff according to custom where such declaratory decree is obtained. The time from which period of limitation is to begin is the date on which right to sue accrues or the date on which declaratory decree is obtained whichever is later. It is the case of the defendants that Ujjagar Singh died on 14.01.1971 the entry of the death of Ujjagar Singh is also placed on the record as Ex.D1 and the period of limitation is to be computed from 14.01.1971, when the right to sue accrues to the plaintiff on the death of Ujjagar Singh and the present suit is not within the period of three years as the suit has been filed on 11.06.1974. However the article 2(b) of the Punjab Limitation (Customs) Act 1920, provides that period of three years for the institution of the suit is to be ascertained from the date on which right to sue accrues or the date on which declaratory decree is obtained whichever is later. It is claimed by the plaintiff that decree sheet was prepared on 19.08.1972, the fact which is admitted by the defendants while filing the original written statement. However, it is argued by counsel for the defendants that order in the execution application No. 32 of 1971, dated 19.8.1972 on which the decree is alleged to have been prepared by the plaintiff is in fact with regard to the dismissal of the said execution application due to the non appearance of the parties. I am of the considered opinion that only on the ground that said order dated 19.08.1972 relates with the dismissal of the execution it cannot be said that decree sheet was not prepared during the proceedings of the said execution. It has already been held that the decree sheet was prepared during the execution bearing No. 32 of 1971. Even if it is considered that the decree sheet was prepared on dated 29.07.1972 and not on 19.08.1972 as discussed above even then the present suit is within the period of limitation i.e. 3 years as per article 2(b) of the Punjab Limitation (Customs) Act 1920.
14. It is also argued by counsel for the defendants that while filing the replication inconsistent pleas taken by the plaintiff from the plaint already fled by him and the replication filed by the plaintiff can be taken into consideration. In support of his contention, counsel for the defendants has relied upon 2001 (3) Civil Court Cases 565 (Rajasthan) Gurjant Singh Versus Krishan Chander and Ors.

But I am of the considered view that in fact the defendants themselves have taken the inconsistent pleas by filing the amended written statement from the original written statement. In the amended written statement it is claimed by the defendants that no decree sheet was prepared on 19.08.1972 and the decree sheet of Civil suit No. 367 of 14.06.1963 has been passed on 20.8.1963 itself. The plaintiff has only contested the pleadings of the amended written statement by filing the replication and accordingly it cannot be said that the plaintiff has taken the inconsistent pleas from the pleas already taken by him in his plaint, while filing the replication.

“…But learned counsel for the appellants has contended that decree sheet may be prepared at any time but it relates back to the date of judgment. Though it is a settled proposition of law that decree follows the judgment, but in the instant case there is no fault on behalf of respondent no.1 who has able to prove on record that when he filed the suit while challenging the gift deed which was decided on the basis of the compromise and statements of the parties on 20.08.1963 and thereafter he filed an application for execution of the same in which objections were raised by Rura through counsel and execution was dismissed being premature and after the death of Ujjagar Singh in the year 1971 he again moved an execution applicable in which the fresh decree sheet was ordered to be prepared which was ultimately prepared in the presence of the parties and during those proceedings no copy of the decree sheet which has now been referred by learned counsel for the appellants has placed on file nor any such objection has been raised that decree sheet has already been prepared and more so, the decree sheet was ordered to be prepared in presence of both the parties. Later on execution was dismissed on filing of objections by appellants by learned Sub Judge 1st Class, Batala with the observation that it enures to the benefit of the decree holder after the death of the vendor and same was ultimately ordered to be dismissed on 02.02.1974 and if one computed the period of limitation from the day of preparation of decree i.e. in the year 1972 because the day when the execution application has been dismissed by Court of Shri A.S. Rampal, the then Sub Judge 1st Class, Batala, by observing then the suit of respondent no.1 is certainly within limitation.”

22. The expanse of Section 14 of the Act, therefore, is not limited to mere jurisdictional issue but also other cause of a (1975) 4 SCC 628 like nature. Taking cue from this decision, the appellant would contend that the plaintiff immediately after compromise judgment was pronounced on 20th August, 1963 took recourse to Execution Petition No.433/1964 on 23rd December, 1964 but the same was dismissed by the Executing Court on 7th August, 1965, as being premature. The plaintiff verily believed that the execution of the decree passed in the previous suit would result in getting possession of the property albeit after the death of Ujjagar Singh. Consequently, after the death of Ujjagar Singh on 14th January, 1971, the plaintiff moved second execution petition on 18th February, 1971 and in those proceedings moved an application for summoning the file with a decree sheet. It transpired that the decree was drawn and the decree sheet was made ready on 19th August, 1972, but the said execution petition stood dismissed for default on 2 nd February, 1973. For that reason, the appellant on the same day moved the third execution petition i.e. on 2nd February, 1973 which, however, was dismissed on 2nd February, 1974 on the ground that the remedy for the plaintiff to get possession of the suit property was to file a suit for possession on the basis of the declaratory decree. It is only thereafter the plaintiff resorted to the subject suit, being Civil Suit No.173/1974 filed on 11th June, 1974.