ANNAMALAI CHETTIAR Vs. VALLIAMMAI ACHI

JUDGEMENT

(1.) THIS is an appeal from an order of the High Court of Judicature at Madras, dated August 19, 1942, affirming an order of the Subordinate Judge of Devakottai, dated July 10, 1940. The appeal raises the question whether an application for execution, No.72 of 1940, preferred on November 25, 1939, for execution of a decree dated November 3, 1934, is barred by the Indian Limitation Act, 1908, and that depends on the construction of Article 182 of the Act.

(2.) THAT article is in the following terms: Description ofwhich period begins application. to run. Period of limitation. Time from 182. For the execution of a de The date of the decree or Three years 1. cree or order of any Civil Courtorder, ornot provided for by Article 183 (Where there has been 2. or by Section 48 of the Code ofappeal) the date of the final de-Civil Procedure, 1908. cree of order of the Appellate Court, or the withdrawal of the appeal, or 3.(Where there has been a re view of judgment) the date of the decision passed on the review. 4.. . . 5. (Where the application next hereinafter mentioned has been made)the date of the final order passed on an application made in accordance with law to the pro percourt for execution or to take some step in aid of execution of the decree or order, or. . . .

(3.) ON November 3, 1934, a decree was passed on a promissory note in Original Suit No.118 of 1934 by the Subordinate Judge of Devakottai, decreeing in favour of the present appellant payment of a sum of Rs. 13,716-12-0, with interest and costs by the defendants who were two widows. It was ordered that the decree should be against the property of the joint family of which the husbands of the two widows had been members, and against the assets of a maker of the promissory note in the hands of the defendants. So the decree was not executable against the private property of the widows. For the purposes of this appeal it may be taken that the respondents represent the judgment-debtors under that decree, the appellant being the judgment-creditor.