YERRA JAGANNADHA RAO Vs. ADDALA SURYANARAYANA

JUDGEMENT

(1.) The petitioner, who obtained a decree for the recovery of certain sum of money against the respondent on October 24,1962 in S.C. No. 736 of 1962 on the file of the Court of District Munsif, Eluru, filed E.P.No. 108 of 1963 on January 28, 1963, It was dismissed on June 11, 1963. The next E. P. No. 359 of 1969 preferred by the petitioner on August, 21, 1969 was dismissed by the lower Court on November, 25, 1969 on the ground that it was barred by limitation. Hence this revision petition.

(2.) The contention of Sri Narasimhacharya for the petitioner that it is the provisions of Article 136 of the Limitation Act, Act 36 of l963 but not the provisions of the Indian Limitation Act, '908, that are applicable to the instant case and hence, the E P No, 359 of 1969 was well in time, is resisted by Sri Nagaraja Rao appearing for the respondent Judgment debtor.

(3.) The question, therefore, that arises for decision is whether it is the provisions of the Indian Limitation Act, 1908 or the Limitation Act, 1963 that are applicable for the presentation of the execution petition on August, 21, 1969 in respect of a decree passed prior to the coming into force of the new Act.