S PECHIYAMMAL Vs. N GNANASUNDARAM NADAR

JUDGEMENT

(1.) The civil revision petition itself is taken up for disposal by consent of parties. The civil revision petition is directed against the order in E. P. No. 47 of 1991 in O. S. No. 357 of 1970 on the file of the learned principal District Munsif, Padmanabhapuram, dismissing the execution petition as barred by limitation.

(2.) E. P. No. 548 of 1979 was filed in O. S. No. 357 of 1970 for realising the decree amount in the suit for recovery of mortgage amount. Final decree was passed on 7-11-1973. In the meanwhile, the judgment-debtor filed a suit O. S. No. 331 of 1975 for partition in respect of properties, including the mortgaged property, which is the subject matter of O. S. No. 357 of 1970 and a decree was passed in the said partition suit on 30-6-1976. It is the case of the petitioner herein that the decree in O. S. No. 331 of 1975 was passed ex parte, without his knowledge. On coming to know of the same, the petitioner herein filed O. S. No. 730 of 1981 for setting aside the ex parte decree in O. S. No. 331 of 1975 and O. S. No. 730 of 1981 was decreed after contest on 27-6-1990. The present execution petition was filed after the decree in O. S. No. 331 of 1975 has been set aside.

(3.) The objection raised by the respondent in the revision petition is that the execution petition is barred by limitation since the decree in O. S. No. 357 of 1970 was passed on 7-11-1973 and the present execution petition was filed after a period of twelve years and therefore, the petition is barred by limitation. The lower Court has accepted the contention of the respondent herein and dismissed the execution petition. This civil revision petition is directed against that order.