Limitation Act, 1963–Sec. 14–Rejection of execution proceedings being barred by limitation–Justification–Plaintiffs pursued their remedy before the Tehsildar and ultimately the proceedings were dismissed for lack of jurisdiction–Time spent before the Tehsildar was to be excluded–No substantial averment has come on record to substantiate the claim that the predecessor in interest of the plaintiff approached the Tehsildar with any mala fide intention, in absence of good faith or with the knowledge that it was not the Court having competent jurisdiction to execute the decree–Reasoning given by the High Court while rejecting the plea for exclusion of the time is not sustainable–After exclusion of time, the execution was within the limitation prescribed–Held, execution application deserves to be restored.
