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Judgment
We have no doubt but that the learned Judge is right in holding that applications made to obtain restitution under a decree in accordance with
Section 583, Civil Procedure Code, are proceedings in execution of that decree, and are governed as regards limitation by Article 179 of the
second schedule of the Limitation Act. This is in accordance with the view taken in Nand Ram v. Sita Ram, ILR 8 A., 545.
The appellant''s vakil relies on a remark in the case reported in Kurupam Zamindar v. Sadasiva, ILR 10 M. 60 to the effect --that the learned
Judges in that case were disposed to think that the application in a similar case was governed by Article 178. That remark, however, is a mere
obiter dictum, and as such is not binding on us. One of the Judges who took part in that case is the learned Judge whose order in the present case
rules that Article 179 is the article properly applicable.
The appeal, therefore, fails and we dismiss it with costs.