AHAMMED KUTTY Vs. PATHUMMA UMMA

JUDGEMENT

(1.) The person who resisted execution of the decree in O. S.333/66, is the revision petitioner.

(2.) The application of the first respondent for removal of resistance under O.21 R.97 was dismissed by the execution court. The first respondent thereupon filed an appeal A. S.56/80 challenging the said order before the District Court, Kozhikode. The appeal was filed out of time and therefore I.A.396/80 was filed to condone the delay. This petition has been allowed by the order under challenge.

(3.) The learned counsel for the petitioner argues that the period prescribed for filing the appeal cannot be extended because this is an appeal filed against an order passed in a proceeding initiated under O.21 C. P.C., excluded from the purview of S.5 of The Limitation Act, which reads:-