Supreme Court of India (Untwalia J., with A. P. Sen J.) dismissed, with costs, an appeal by certificate by the judgment-debtors against the Division Bench of the Calcutta High Court (Judgment and Decree dated 24-1-1969, Appeal from Original Order No. 111/66), which had reversed a Single Judge's dismissal of a 1965 execution (tabular statement) of a consent mortgage decree of 26-11-1926 originally passed on a 1925 suit, the decree-holder's interest having been assigned in 1934 to the respondent. Held: (1) the execution was not time-barred — not under s. 48 CPC, nor Article 183 of the Limitation Act 1908, nor (as conceded) Article 136 of the Limitation Act 1963 — since the decree was never fully satisfied and enforcement steps continued throughout (sale order 1929, accounts settled 1934, receiver 1938, Rs. 10,000/- paid 1939, heirs substituted 1945, settlement 1953), the 07-06-1965 tabular statement falling within 12 years of the 17-06-1953 settlement; (2) Kapurbai, daughter of deceased judgment-debtor Sewbux Saraogi and universal legatee under his will, was a competent legal representative of his estate, and non-substitution of the sole executor Motilal Jhunjhunwalla did not make the execution defective (referring to The Andhra Bank Ltd. v. R. Srinivasan and Others, [1962] 3 SCR 391, relied upon below by the Appellate Bench); (3) the 17-06-1953 consent order on the terms of settlement (dues quantified at Rs. 1,10,000/-; Rs. 35,000/- by receiver — paid; Rs. 40,000/- by conveying one mortgaged house; Rs. 35,000/- cash by further mortgage of the other) was not a renovation of the old decree: it did not pass a new decree in substitution of the original but merely gave the debtors facility for satisfaction, on whose failure they remained liable to execution of the original mortgage decree.
