K GOPALAKRISHNIAH Vs. K SUBRAMANIAM

JUDGEMENT

(1.) THIS revision is directed by the third defendant against the order passed by the Third Assistant Judge, City Civil Court, Madras, dismissing the petition IA. No. 20256 of 1985 to review the judgment in o. S. No. 4851 of 1984.

(2.) THE facts which are necessary for the disposal of this revision can be briefly stated as follows:the first respondent herein filed the above suit O. S. No. 4851 of 1984 on the basis of a mortgage against defendants 1 and 2 who are respondents 2 and 3 herein, son and daughter of the deceased mortgagor, O. S. Nataraja Chettiar. THE revision petitioner herein was added as the third defendant to the said suit on the ground that he is holding a subsequent charge over the suit property. After contest, the Court below decreed the plaintiffs suit with costs while dismissing the counter claim by the third defendant (revision petitioner) who are permitted by the Subordinate Judge, salem in I. A. No. 290 of 1979 in O. S. No. 599 of 1976 (later the suit was transferred to the City Civil Court) to pay the Court fee for enforcing the charge in his favour and he accordingly paid the court-fee. THE lower Court dismissed the claim on the ground that it was not a charge; but was a charge-decree in favour of the third defendant and that though the acknowledgement of liability made by virtue of the endorsement Exhibit A. 10 made on Exhibit A. 9 document is not a forged one, but a genuine one, the claim is barred by limitation as the charge-decree was not enforced within the time and that the acknowledgment will not save limitation. THE revision petitioner filed the review petition IA. No. 20256 of 1985 to review the judgment and the learned Assistant Judge dismissed the application. Aggrieved by the same, this revision is filed.