Bishun Lal and Another vs Bindeshwari Sahu

Ross, J.—In these appeals the only question is whether the period of limitation fixed by Section 181 of the Chota Nagpur Tenancy Act for the execution of a rent decree runs from the date of the judgment or from the date on which the decree is signed. The Courts below held that time should run from the date when the decree is signed.

The learned Vakil for the appellants argues that the ordinary Rule contained in Order 20, Rule 7 should apply, namely, that the date of the decree i-s the date of the judgment. It is true that these cases are cases of execution of appellate decree. Clause (b) of Section 181 is in these terms: "where there has been an appeal the date of the final decree or order of the appellate Court." But Clause (a) which deals with original decrees is in these terms:" the date on which the decree or order is signed". This discrepancy in the language between two Clauses makes the Section somewhat difficult and uncertain to construe, but the words in Clause (a)" is signed "must have some significance and the Clause cannot be read as if they did not exist. If Clause (a) means that time runs from the date of the actual signature of the decree then it would be unreasonable to suppose that the legislature had intended one standard in the case of original decrees and another standard in the case of appellate decrees. On the whole I agree with the decision of the Courts below and would dismiss these appeals, with one set of costs.

Das, J.

I agree.