Code of Civil Procedure, 1908; Orders 21, 38, 39 and 40; Sections 94 and 151: Suit for partition-Decreed by Munsiff Court in favour of one of the defendants granting recovery of certain items-Challenged by another defendant by filing a suit against decree holder-Issuance of temporary injunction by the Court-Suit dismissed for default-Restoration of suit-Suit finally dismissed on merit-Appeal dismissed by the first Appellate Court and Second appeal dismissed by High Court-Execution Petition-Expiry of limitation period-Executing Court held since the decree holder was precluded from executing the decree in time by filing a suit, time elapsed in the proceeding of the Court could be excluded while computing limitation period for the purpose of execution of the decree-Affirmed by the High Court.

Held Per majority:

Depending upon the circumstances of the case, different set of-rules have been applied to grant interim relief-The rules of temporary injunction under Order 39 cannot be equated with the rules of attachment before judgment under Order 38-Facts and circumstances of the case fall under Order 39 and not under Order 38-Hence, the decree holder was entitled to F exclude the time elapsed in disposing of the suit for computing the period of limitation for the purpose of execution of the decree. 

Held, Per minority:

 An Order of temporary injunction could be merged with a decree of permanent injunction and it would be effective even when a decree is passed-However, it does not entail its revival upon restoration of a suit which was dismissed for default-Supplemental proceeding could be taken recourse to only when the interest of justice is required to be sub-served-A construction which preserves the rights of the parties pending adjudication must be allowed to operate vis-a-vis privilege conferred upon a plaintiff to obtain an interlocutory order which loses its force on dismissal of the suit-It would not revive unless expressly directed by the Court on restoration of the suit.

Limitation Act:

Jurisdiction of the Court-A suit/proceeding, if barred by limitation, culminates into a right to the non-suitor which could be curtailed only by express terms of a statute-It ousts the jurisdiction of the Court to entertain the same. 

Incidental proceedings vis-a-vis supplemental proceedings-Distinction between in the context of revival of interlocutory order on restoration of the suit-Discussed.