V. SEETHARAMA CHETTIAR Vs. T.R. MUTHUKRISHNA CHETTIAR

JUDGEMENT

(1.) THIS is an appeal against the decision of the learned Subordinate Judge of Salem dismissing an execution petition on the ground that it was barred by the provisions of Article 182 of the Limitation Act.

(2.) NO appearance has been made on behalf of the respondent, judgment -debtor. Mr. T. K. Srinivasathathachari has appeared for the appellant -decree -holder and has given us very frankly and fully all the facts and, I am sure, all the relevant authorities. So the absence of the respondent or any one appearing on his behalf has not occasioned any harm.

(3.) THE relevant details regarding the unnumbered petition of 1942 are the following. After setting out the requirements of such a petition, laid down in Order 21, Rule 21, the petition states that in a previous petition the costs amounted to Rs. 87 -11 -o ; the receipt of Rs. 900 towards the judgment -debt was included but not the date of its receipt nor was there reference made to the result of an application by the first defendant judgment -debtor under the Debt Conciliation Act which application was closed under Section 25 of that Act.