MUTHIAH ALIAS GANDHI Vs. SUBBIAH CHETTIAR

JUDGEMENT

(1.) The petitioners are some of legal representatives of the judgment-debtor (first defendant in the suit). They were unsuccessful in their plea that the decree was barred by time. Hence, this revision.

(2.) The facts to be noticed are as follows: The suit, O.S.14 of 1967 was decreed on 16th September, 1967. It is a money decree. The first respondent-assignee decree-holder filed E.P.37 of 1972 for sale of the first defendant-s immovable property. The execution petition was stayed pending the appeal, A.S.769 of 1974, on the file of this Court. The appeal was disposed of on 2nd March, 1981. On 8th February, 1982, the Court below issued notice to both the parties for the hearing on 30th January, 1982. On 30th January, 1982, the sole respondent (first defendant) was reported dead, it was adjourned to 10th February, 1982. After some adjournments for the respondents to take steps, the execution petition was dismissed on 30th March, 1982, and attachment was also raised, as ho steps were taken. On 21st April, 1982 the following order was passed:-

(3.) It is the order made on 23rd April, 1984 in the execution petition that is challenged in the revision.