IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.785 of 2008 MANKESHWAR PRASAD Versus BISHWANATH PRASAD @ VISHWA NATH PRASAD &ORS. ----------- 3 12/1/2009 Heard counsel for the petitioner. Prima-facie it appears that the suit was decreed on 12.2.1978 and the decree thereafter got stayed during pendency of the appeal only till 17.9.1980, the period which could have been excluded under section 15 of the Limitation Act. The execution case, however, has filed on 13.7.2001 and the plea on which the court below has held that the execution case was not barred by limitation is that since de-notification of the consolidation proceedings was made on 2.11.1993, the period of limitation of 12 years would run thereafter. It is quite difficult to accept this proposition. Earlier notices were issued by order dated 4.9.2008, but despite service of notice no one has appeared on behalf of the opposite parties. That being so, this Civil Revision Application is allowed, impugned order is set aside and the court below is directed 2 to reconsider the matter strictly in terms of section 15 of the Limitation Act. (Mihir Kumar Jha, J.) Abhay Kumar