D.E. Lawrie And Company Pvt. Ltd. vs Union Of India (Uoi) And Ors. on 14 July, 2006
In the case of Hassan Co-operative Society v. H.S. Suryanaranappa (supra), the Hassan Co-operative Society, who was the appellant before the Second Appellate Court obtained an award for some amount of money due to it in the Court of Assistant Registrar of Co-operative Society at Hassan and after getting the necessary certificate on 26th October, 1943 sought execution of the same in the Court of Munsif of Hassan in Execution Case No. 605 of 1943-44. The decree was partly satisfied and the execution was dismissed on 2nd June, 1944. The decree-holder then filed the second application and applied for arrest of judgment-debtor No. 2 who pleaded that the execution application was barred by limitation. The learned Munsif rejected the plea and on appeal the learned Additional Subordinate Judge at Hassan upheld the plea and dismissed the execution application. It appears from the said judgment that according to the provision contained in the relevant provisions, the execution case for recovery of money should be filed before a Civil Court and accordingly, the Limitation Act was made applicable. In the case before us, there is no provision for putting an order passed by the Estate Officer in the Civil Court for execution and in the Act itself, the Estate Officer has been given power to enforce such order. Therefore, the said decision cannot have any application to the fact of the present case.