ANANTHARAMA VADHYAR Vs. RAMASWAMY IYER

JUDGEMENT

(1.) IN CRP. 1045/63, Mr. P. H. Sankaranarayana Iyer, learned counsel for the assignee decree holder, challenges that part of the order of the learned Subordinate Judge of Ernakulam, calling upon his client to pay stamp duty and penalty on the ground that the execution petition, namely E. P. No. 34/1963 filed by his client, is an 'instrument' as that expression is defined in S. 2 (j) of the Kerala Stamp Act, 1959 (Act 17 of 1959 ).

(2.) THE appeal A. S. No. 366/64 is by the judgment debtor as against the overruling of his various objections by the learned Judge in the same order, part of which is under attack in C. R. P. 1046/63, already referred to.

(3.) COMING to E. P. 34/1963, it was filed on 2-2-1963. The learned Subordinate Judge passed an order on that application on 4-2-1963, to call it on 21-2-1963. It was later on adjourned on 10-6-1963, to 25-6-1963 for objections of the judgement debtor. As I mentioned already E. P. 261/62 was dismissed on 10-6-63, on which date probably the judgment debtor got notice of e. P. 34/63 and therefore it was adjourned for his objections.