MATHAI OUSEPH Vs. MATHEN THOMAS

JUDGEMENT

(1.) IN this second appeal by (he 3rd. Defendant the only question raised is as to whether the decree is barred by limitation under Section 48. of the Code of Civil Procedure. The decree in the case was passed on 30 -6 -1106 corresponding to 13 -6 -1931. The last execution petition with which we arc concerned was filed on 28 -1 -1128 corresponding to 8 -9 -1932 obviously more than 12 years from the date of the decree. Both the courts below held that the period of pendency viz., between 7 -7 -1116 to 25 -2 -1950, of a Debt Relief Petition filed by the judgment -debtors could be executed, in favour of the decree -holder. The Munsiff was of the view that the execution petition being filed within 3 years of the order of 25 -2 -1950 passed in connection with the Debt Relief matter must be deemed to be in time.

(2.) LEARNED Counsel for the Appellant urged that the period of pendency of the Debt Relief Petition should on no account be excluded because according to him the computation of the period fixed under Section 48 Code of Civil Procedure, could not be governed by the general provisions of the Limitation Act. Now whatever might be the conflict of views in other jurisdictions in this matter see Chitaley, Limitation, 3rd edition, volume I, pages 947 -949 -' a Division Bench of this Court (Subramonia Iyer and Vithyathil JJ.), has held in Velayudhaperumal v. Palvasamuthu, AIR 1952 Ker 500 (A), that the provisions contained in Section 41, Code of Civil Procedure, (Travancore) corresponding to Section 48 Indian Code of Civil Procedure, may be regarded as a period of limitation prescribed by a special law for the purpose of Section 29, Sub -Section 2(a) of the Limitation Act. In that case the learned Judges, were dealing with the exclusion of the period of pendency of an application by a judgment -debtor under the Travancore Agriculturists Relief Act III of 1112 for a certificate from the Debt Conciliation Board.

(3.) NO other point arises. The second appeal therefore fails and is dismissed with costs.