SREEDHARAN NAIR Vs. MARAKKAR

JUDGEMENT

(1.) Revision petitioner is the decree holder in OS 163 of 1971 of the Munsiff - Magistrate Court, Ponnani. Respondent (judgment debtor) is residing within the territorial jurisdiction of the Court of the Munsiff-Magistrate, Pattambi Petitioner filed EP 21 of 1984 before the Munsiff - Magistrate Court, Ponnani and sought for the transmission of the decree to the Munsiff-Magistrate Court, Pattambi. The decree was ordered to be transmitted to the Munsiff - Magistrate Court, Pattambi. The transmitted decree was received in the Pattambi Court and thereafter petitioner filed EP 35 of 1984 before the Pattambi Court seeking execution of the decree by arrest and detention of the respondent. Petitioner filed EA 57 of 1984 in EP 35 of 1984 for amendment of column 10 in the EP The amendment sought for is to incorporate the contention that in view of the provisions of Kerala Act 35 of 1975 the period 14-10-1975 to 13-1-1977 has to be excluded in computing the period of limitation. EP 35 of 1984 was dismissed as barred by limitation. EA 257 of 1984 was also dismissed.

(2.) It is the admitted case that respondent is residing within the territorial jurisdiction of the Pattambi Court. This necessitated the petitioner to file EP 21 of 1984 before the Ponnani Court seeking transmission of the decree to the Munsiff Court, Pattambi. As EP 21 of 1984 was filed on 3-1-1984 it was very well within the period of 12 years allowed by law EP 35 of 1984 was filed before the Pattambi Court beyond the period of 12 years from the date of the decree. The question to be considered is whether in a case where a decree is transferred at a time when it was not barred by limitation can the transferee court dismiss the execution petition filed within six months as provided under R.277 of the Civil Rules of Practice on the ground that 12 years have elapsed when the EP was filed in that Court.

(3.) Once the decree has been transferred it is open to the decree holder to take necessary steps to execute the decree in the transferee Court. R.273 of the Civil Rules of Practice provides the procedure to be adopted for the transmission of the decree for execution to another Court. R.276 provides that where a decree of one court has been transmitted for execution to another Court an application for execution shall be made to the latter Court. R.277 gives the decree holder six months time from the date of receipt of the decree by the transferee Court to apply for execution in that Court. If the decree holder does not take any steps within six months R.277 enables the transferee Court to return the decree to the transferor Court.