T K DURAISAMY Vs. PREMCHAND

JUDGEMENT

(1.) THE petitioner herein filed R.E.A. No. 126 of 1976 in R.E.P. No. 56 of 1972 in O.S. No. 318 of 1966 under sections 47 and 151 of the Code of Civil Procedure, to pass an order setting aside the sale dated 22nd March, 1973 regarding the A Schedule property in the petition.

(2.) IN this order, the parties are referred to as in R.E.A. No. 126 of 1976.

(3.) MR. M.N. Padmanabhan, learned counsel for the petitioner submitted that on the facts and circumstances of the present case, the Article applicable to the present case is Article 181 of the old Limitation Act, 1963 corresponding to Article 137 of the present Limitation Act, 1963. MR. M N. Padmanabhan, submitted that the Court below has wrongly applied Article 127 of the present Limitation Act, 1963 corresponding to Article 166 of the old Limitation Act, 1963 and has dismissed the petition. Article 127 reads as follows: