Coutts, J.:— This is an appeal against an order of the Subordinate Judge of Muzaffarpur allowing an objection by a judgment-debtor in an application for execution that the application is barred by limitation. The date of the decree which it was sought to execute is 1st May 1915 and the date of the application for execution, which is the first application made for execution, is 13th May, 1918. It is clear then that if limitation be taken to run from the date of the decree, the application is barred by the three years' rule of limitation, and it was held by the learned Subordinate Judge that this was the date from which limitation must run. The decree however was not signed until 15th May, 1915 and it is contended before us that the decree-holder is entitled to omit the period from the date of the decree until the date of signing in computing the period of limitation. There is no ambiguity in the rule that limitation runs from the date of the decree and this date is, under O. 20, R. 7 of the CPC, the date on which judgment was pronounced.
2. It is true that in this Court in case of appeals the appellant is allowed the period between the date of the decree and the date of the signing of the decree, but this is a concession granted because the period of limitation is short and in some cases the decree has not been signed until after the period of limitation is passed.
3. This however does not apply to an application for execution where the period of limitation is three years, and there is no reason why in such cases the period of limitation should be extended. This is the view which has been taken in the Calcutta High Court in the case of Golam Gaffar Mandal v. Goffar Bibi(1) and it is also the view taken in this Court in the case of Swraj Deo Narayan Singh v. Musharoo Raut(2). I would accordingly dismiss this appeal with costs.
4. Adami, J.:— I agree.
V.S/R.K
5. Appeal dismissed.