Code of Civil Procedure, 1908–Order 21, Rule 90–Rejection of application–Writ petition–Allowed by High Court–Justification–High Court went into the merits of the petition but did not decide the issue of limitation–Earlier, this Court had specifically directed the Executing Court to decide both the issues of limitation and objection on merits–Case for the exclusion of whole time as provided u/s. 14 of Limitation Act is not made out–Impugned judgment of High Court is liable to be set aside.
