Execution of final eviction order not barred by limitation where special statute prescribes none and general limitation is excluded.

A final eviction order under Section 21 of the Mamlatdar's Court Act, 1906 could be executed despite a long lapse of time because the special statute prescribed no limitation for execution. The general law of limitation was treated as excluded by necessary implication where the special enactment governed the field. The plea that execution had to be initiated within a reasonable time was rejected, and the order was held executable at any time; the delay-based objection failed.

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Issues: Whether an order of eviction under Section 21 of the Mamlatdar's Court Act, 1906 could be executed after a long lapse of time in the absence of any prescribed period of limitation.

Analysis: The order of eviction had already become final. Section 21 of the Mamlatdar's Court Act, 1906 did not prescribe any limitation for execution of such order. In the absence of a specific limitation in the special statute, the general law of limitation was treated as excluded by necessary implication. The plea that the power to execute must nonetheless be exercised within a reasonable time was rejected because the statutory scheme itself governed the field.

Conclusion: The execution of the final eviction order was not barred by limitation and could be proceeded with at any time. The contention based on delay failed.

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