CHAKKUVARKEY Vs. DEVASSY KATHANAR

JUDGEMENT

(1.) The decree holder in O.S. No. 17 of 1121 of the Munsiffs Court of Perumbavoor filed an execution petition before that court on 17th January 1955 E.P No. 36 of 1955. The petition was dismissed by the Munsiff as barred by limitation and the dismissal has been confirmed by the Subordinate Judge of Parur in A. S. No. 199 of 1956. The decree holder (execution petitioner) has preferred this second appeal.

(2.) The decree in O.S. No. 17 of 1121 was passed on 11th August 1947. There was an appeal to the District Court of Parur, A.S. No. 2 of 1124. The District Court confirmed the decision of the Munsiff on 6th September 1950. The matter was then taken up before the High Court of Travancore-Cochin in S.A. No. 287 of 1951. The High Court dismissed the second appeal on 25th June 1951. The order of the High Court dismissing the second appeal reads as follows:

(3.) The execution petition, as already stated, was filed on 17th January 1955, that is, more than three years after the decision of the High Court in S.A. No. 287 of 1951; but within six years of the decision of the court of first appeal in A.S. No. 2 of 1124. The contention of the appellant which has been negatived by the courts below is that the only decree which can be executed - and which he is seeking to execute - is the decree in A.S. No. 2 of 1124 and as a certified copy of that decree had been registered a period of six years from the date 1100: Art.182 of the Indian Limitation Act, 1908). The contention of the respondents is that the decree in AS. No 2 of 1124 has merged in the decree in S.A. No. 287 of 1951 and as that decree has not been registered only a period of three years from the date of the second appellate "decree" is available to the decree holder.