Imam Ali And Others (Decree-Holders) v. Dasaundhi Ram (Judgment-Debtor).

[509] The question before us is whether the appellant's decree is incapable of execution by limitation. He sued in the Munsif's Court for possession of certain land and to recover damages. The Munsif decreed possession but dismissed the claim for damages. An appeal was preferred to the Judge, who (28th February, 1873), affirmed the decree giving possession and remanded the case, under S. 351 of Act VIII of 1859, for adjudication as to the amount of damages due. An appeal was preferred from the Judge's decision to the High Court on the 23rd May, 1873, and was pending till 6th March, 1874, when the decision as to possession was modified and the Court did not interfere with the order of remand made by the Judge. In the meantime the Munsif, on the 25th April, 1873, decreed damages, and an appeal was preferred to the Judge who decided it on the 7th June, 1873. It will be seen that the Judge's order is prior to the date of the High Court's decision in the appeal before them. Appellant now takes out execution of the Judge's decree of the 7th June, 1873. If the three years' limitation is to run from the former date, the application is barred, and this is the view taken by the lower Courts. But this view is erroneous. Where there has been an appeal, the limitation will run from the date of the final decree of the appellate Court. We hold this to be the decree of the High Court and not that of the Judge, the 7th June, 1873; the former was passed after the Judge's decree of the 7th June, 1873, and must be held to be the final decree of the appellate Court and to have finally determined the entire claim. The lower Courts seem to consider that there may be several final decrees of an appellate Court in one and the same case, giving separate periods of limitation for separate portions of a claim in one and the same suit, and they refer to the High Court's decree as final on the point of possess on and so affording a period of limitation for that portion, and the Judge's decree as final on the point of damages and [510] affording another period of limitation for that portion of the claim, but this view is erroneous, both decrees cannot be final within the meaning of the limitation law. We reverse the order of the lower Court and remand the case for execution in due course. Costs to abide the result.