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Issues:
1. Limitation period for execution application after abatement of appeal. 2. Right of the U.P. Government to execute the decree. Detailed Analysis: 1. Limitation Period: The case involved an appeal against an order dismissing a suit for damages. The Defendant died during the appeal process, leading to abatement of the appeal. The key contention was the limitation period for filing an execution application after the abatement. The Appellant argued that the application for execution was time-barred as it was made more than three years after the Defendant's death. However, the Court relied on precedent (Murli Dhar v. Mahabir Singh) to determine that the limitation period should be reckoned from the date of the order declaring the appeal to have abated, not from the date of the decree under appeal. The Court distinguished previous cases (Batuk Nath v. Munni Dei, Abdul Majid v. Jawahir Lal) where orders of abatement were not in question, emphasizing that such orders are final and trigger the limitation period under Article 182 of the Limitation Act. 2. Right of U.P. Government: The second issue revolved around the U.P. Government's right to execute the decree. The Court analyzed Order XXVII, Rule 6 of the Code of Civil Procedure, which outlines the procedure for suits against public officers. It was highlighted that when the Government undertakes the defense of a public officer, it incurs costs and has an interest in the suit. The Court emphasized that the Government's right to recover costs incurred in defense is implicit in the law, and it should be entitled to execute the decree for reimbursement. The Court clarified that even if the U.P. Government was not a party on record, it qualified as a decree-holder under the Code of Civil Procedure, as it had a right enforceable under the decree. Referring to relevant case law (Vythininga Pandarasannadhi v. Board of Control), the Court concluded that the U.P. Government, having undertaken the defense, should be considered a party to the proceedings and entitled to realize the costs decreed in its favor. In conclusion, the Court dismissed the appeal, affirming the decisions of the lower courts on both the limitation period for execution application post-abatement and the U.P. Government's right to execute the decree.
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