Ordinary original civil jurisdiction under the Companies Act governs execution limitation, so article 183 applied and the bar failed.

An order made by the High Court under section 187 of the Indian Companies Act, 1913, read with section 199, to determine contributories' liability and direct payment is an exercise of ordinary, original and civil jurisdiction, even though it arises under a special statute and is made in summary proceedings. On that basis, the application for execution was governed by article 183 of the Indian Limitation Act, not article 182. The execution petition was therefore within limitation, and the objection based on article 182 failed.

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Issues: Whether an application for execution of an order made by the High Court under section 187 of the Indian Companies Act, 1913, to enforce payment by contributories was governed by article 182 or article 183 of the Indian Limitation Act.

Analysis: An order under section 187 of the Indian Companies Act, 1913, read with section 199, is made by the High Court in the exercise of jurisdiction conferred by statute to determine liability and direct payment by a contributory. That jurisdiction is ordinary, because it is exercised in the regular course of law without any special step or discretionary assumption by the court; it is original, because the High Court acts as a court of first instance; and it is civil, because it determines civil liability to pay a debt. The fact that the power is conferred by a special enactment and exercised in a summary proceeding does not alter the character of the jurisdiction. On that footing, the order is one made in exercise of the High Court's ordinary original civil jurisdiction, so article 183 applies rather than article 182.

Conclusion: The execution application was within limitation and the plea of bar under article 182 failed.

Ratio Decidendi: An order directing payment made by a High Court under the Companies Act in the exercise of statutory ordinary original civil jurisdiction is governed by the limitation provision applicable to orders of courts exercising ordinary original civil jurisdiction, and not by the residuary article governing other civil court orders.

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