MEENAKSHIAMMAL Vs. K G KRISHNASWAMI IYER

JUDGEMENT

(1.) These three revision petitions raise the same question relating to limitation and the petitioner is the same in all the three petitions. They arise out of the three execution petitions filed by the petitioner in S. C. Nos. 1926 of 1937,899 of 1938 and 900 of 1938 on the file of the District Munsif's Court of Madhurai. They were dismissed by the trial Court as being barred by limitation under the following circumstances.

(2.) These execution petitions were filed by the present petitioner as an assignee of the decrees obtained by one K. G. Krishnaswami Iyer. The original decree- holder was adjudged an insolvent in I. P. No. 20 of 1943 and all his properties became vested in the Official Receiver of Madhurai. In the course of the administration of the estate the Official Receiver sold the properties in a public auction and they were purchased by the present petitioner. Subsequently the Official Receiver assigned these decrees to her by a document. Thereafter the assignee-decree-holder filed applications for recognition of the assignment and for transmission of the decrees to the Court of the District Munsif of Devakottah for execution. As the execution petitions were not accompanied by the assignment deeds and as the dates of the transfer of the decrees in favour of the petitioner were not mentioned in the execution petitions they were dismissed in December 1944. Within three years of this dismissal the present execution petitions, which 'have given rise to these revision pettions, were :filed by the assignee decree-holder.

(3.) The District Munsif dismissed these applications being of opinion that the applications filed in 1944 did not serve as steps-in-aid of execution as the latter, according to him were not in accordance with law within the meaning of Article 182 (5) of the Limitation Act and therefore could not keep the decrees alive. The aggrieved assignee .-decree-holder has filed the present revision petitions against, those orders.