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TMI Blog1953 (4) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... urga Baksh Singh v. Umanath Baksh Singh AIR 1944 Oudh 90 (A). He, therefore, directed that the application may be placed before a Full Bench for hearing. The other application for revision, No. 180 of 1951, was also subsequently ordered to be put up along with revision application No. 5 of 1949. 2. One Mulhay obtained a decree under Section 183 of the U. P. Tenancy Act against Mathura and others on 11-9-1946. As Mathura was in doubt as to whether an appeal lay to the Commissioner or to the District Judge he instituted two appeals -- one in the Court of the Commissioner and another in the Court of the District Judge. 3. Both these were dismissed. The appeal to the Commissioner was dismissed on 14-4-1947, on the ground that no appeal lay to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld then proceed to determine it according to law. 6. The Revenue Court passed an order on 30-3-1950, staying execution on the ground that the execution was premature. An appeal was then instituted in the Court of the District Judge and was heard by a Civil Judge. The learned Civil Judge dismissed the appeal and held that the order of the Assistant Collector holding that the application was premature was correct. The decree-holder has now come up in revision and his revision is No. 180 of 1951. 7. A third application for execution was made by the decree-holder on 9-6-1943. He seems to have ignored the earlier application for execution made by him on 19-4-1948. It was mentioned in this application that the appeal to the Commissioner had bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50, and in the appeal decided on 2-6-1951, reliance has been placed on a Division Bench ruling of this Court in which it was held that an application for execution would be premature unless the decree had become final either by reason of the fact that limitation for filing an appeal had expired or because appeals up to the final Court of appeal had been dismissed; vide -- AIR 1944 Oudh 90 (A)'. 10. Limitation for suits and applications has been prescribed in the U. P. Tenancy Act, and the Limitation Act does not apply to suite and proceedings under this Act unless a particular section has been made specifically applicable. Limitation for the execution of any decree, other than money decrees, is provided in the Fourth Schedule, Group F, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rights upon a decree-holder. The right has to be looked for somewhere else, and it is found in the decree passed in his favour. 13. The provisions of the Code of Civil Procedure have been made applicable to proceedings under the U. P. Tenancy Act by Section 243 of the Tenancy Act. The whole of Schedule I of the Cods of Civil Procedure is applicable to suits and proceedings under the Tenancy Act. Order 41 Rule 5 (i), Civil P. C. lays down that "an appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree". This clearly indicates that the instit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... F; but it cannot be inferred that it was the intention of the Legislature to deprive the decree-holder of his lawful rights to execute his decree after it was passed. I, therefore, find myself unable, with great respect, to endorse the view taken by the Division Bench in the case referred to above AIR 1944 Oudh 90 (A)'. The words "the date of the final decree" would mean the date of the decree which has become final. If no appeal has been instituted the decree would become final after the period of limitation prescribed for an appeal has expired, but will continue to bear the date on which it was passed. If, however, there is an appeal or revision, the original decree would merge in the appellate or revisional decree and the d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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