DAMODARASWAMI NAICKER Vs. SUNDARARAJAN AND ORS.

JUDGEMENT

(1.) THE judgment -debtor Damodarasami Naicker is the appellant herein and he is aggrieved that the Courts below have upheld the contention of the respondents -petitioners that E.P. No. 546 of 1966 filed by the latter on 6th October, 1966 is in time.

(2.) ONE Chinnamuthu Naicker whose legal representatives are the respondents herein obtained a decree in O.S. No. 434 of 1955 on the file of the District Munsif's Court, Udumalpet on 9th July, 1956 against the appellant herein. The first E.P. No. 986 of 1957 filed by Chinnamuthu Naicker was dismissed on 12th October, 1957, but the attachment was directed to continue for two months. The second E.P. No. 1515 of 1957 filed by him was similarly dismissed on 25th March, 1958, but here again there was a direction that the attachment would continue for three months. On 24th April, 1966, Chinnamuthu Naicker died; and on 6th October, 1966the respondents herein as the legal representatives of Chinnamuthu Naicker have filed the present E.P. No. 546 of 1966 seeking to come on record as the legal representatives of the decree -holder and seeking permission to execute the decree by attachment and sale of some properties. The amount claimed was Rs. 1,598.06.

(3.) IN E.P. No. 311 of 1958 in O.S. No. 51 of 1958 on the file of the District Munsif's Court, Udumalpet filed by the decree -holder in that suit in execution of the decree obtained against the appellant herein, the properties of the appellant were purchased by one Ramaswami Goundan for Rs. 4,050, and on that date E.P. No. 155.1 of 1957 filed by Chinnamuthu Naicker in O.S. No. 434 of 1955 was pending. Chinnamuthu Naicker thereupon filed an application in E.P. No. 311 of 1958 in O.S. No. 51 of 1958 for rateable distribution; and rateable distribution was ordered on 10th August, 1960. The rateable statement was filed on 12th April, 1961 in the said execution application by Chinnamuthu Naicker along with the other creditors and the appellant and it was found that Chinnamuthu Naicker was entitled to Rs. 512.68 towards his decree in O.S. No. 434 of 1955 (vide Exhibit A -3 dated 12th April, 1961). On 1st June, 1961 Chinnamuthu Naicker applied, for a cheque in E.P. No. 1138 of 1961 in E.P. No. 311 of 1958 in O.S. No. 51 of 1958. (Vide Exhibit A -1). Cheque was ordered on 6th June, 1961 and was issued on 7th June, 1961.