KUPPABAI Vs. V M SACHITHANANDHAM

JUDGEMENT

(1.) THIS revision petition is directed against the order passed in E. P. No. 110 of 1983 in O. S. No. 145 of 1963 on the file of the Subordinate Judge of Vellore.

(2.) THE respondents herein filed E. P. No. 110 of 1983 to execute the decree against the petitioners herein and some others, who were the judgment-debtors. During the pendency of the execution petition, the 3rd defendant Jeevarathana Mudaliar died, and thereafter, the present petitioners were impleaded as his legal representatives THEy were added as respondents 7 and 8 in the execution petition. THEy resisted the execution petition on the ground that neither the 3rd defendant nor his legal representatives are'debtors'under the various debt Laws, viz. , Act 15 of 1976 and 16 of 1976, and therefore the said Acts will not apply to the present case. It was, therefore, contended that the execution petition filed beyond the period of limitation prescribed under law is clearly barred by time. THE said objection was summarily overruled by the lower court on the ground that the petitioners herein have not established how they are not'debtors'under Acts 15 and 16 of 1976.