MEENAKSHISUNDARA GRAMANI Vs. A.D. RAMACHANDRA MUDALIAR

JUDGEMENT

(1.) THIS petition raises the question of limitation under the following circumstances. The decree was made in M.S.C. No. 5942 of 1942 on 22nd January, 1943. By reason of Ordinance V of 1953, leading up to Act I of 1955, the decree -holder was disabled from executing the decree till 1st July, 1955. On the date on which the 12 years period of limitation prescribed by Section 48 of the Civil Procedure Code expired, i.e., 22nd January, 1955, these moratorium Acts were in force. Subsequently, an execution petition was filed whereunder an order for the arrest of the judgment -debtor was made. As against this order, there was a new trial application which was finally dismissed on 10th September, 1956. The decree -holder claimed that both by virtue of the moratorium Acts and the stay granted in the new trial application, his prior execution petition E.P. No. 687 of 1957 was in time. It may be mentioned that an application for the transmission of the decree was filed on 12th February, 1957 and was ordered on 3rd April, 1957. The prior execution petition itself was filed on 1st May, 1957.

(2.) THE Assistant Judge of the City Civil Court held that the prior E.P. No. 687 of 1957 was in time.

(3.) THE execution petition that leads to the present revision is E.P. No. 754 of 1958. In answer to this petition, the judgment -debtor claimed that the execution petition was barred by time. He relied on Section 48, Civil Procedure Code. But the Assistant Judge of the City Civil Court held that in view of the order on the prior application, this objection could not be accepted. It is that contention that is pressed in this revision.