NANIKUTTY AMMA Vs. TRIVANDRUM PERMANENT BANK

JUDGEMENT

(1.) This revision petition concerns a question of limitation. The respondent herein filed a suit O.S. No. 20 of 1960 for recovery of money. The trial Court decreed the suit on 5-7-1966. This decree was enforceable only against the defendants 1 to 12, 14 and 16 and their assets. The plaintiff was not satisfied with the said decree. He filed an appeal against that decree and in that appeal the plaintiff claimed a decree against all the defendants in the suit namely defendants 1 to 34 and also against the assets of all the defendants. In appeal the trial Court decree was confirmed. It was on 24-10-1972.

(2.) The Counsel for the plaintiff tells me that execution of the decree was sought in the year 1976. But later the execution petition was not prosecuted. Now the plaintiff has filed E. P. No. 29 of 1980. This is dt. 19-4-1980.

(3.) The 4th defendant-revision petitioner contended that the execution petition is barred by limitation. The execution Court rejected the contention and ordered execution. Hence he files this revision.