ADABALA SAYTANARAYANA Vs. DAMISETTY NAGARAJU

JUDGEMENT

(1.) THE question raised in this Civil Miscellaneous Appeal is what is the starting point of limitation for executing a personal decree made in a suit on a mortgage.(2) THE appellant executed a mortgage deed for himself and as guardian of his minor son in favour of respondents 2 and 3 for a sum of Rs. 4,500.00. THE mortgages filed O. S. No. 59 of 1935 in the Court of the Subordinate Judge, Kakinada on the foot of that mortgage and obtained a preliminary mortgage decree on 9.3.1936. A final decree followed on 17.9.1937. After the mortgaged properties were exhausted the decree-holders filed I. A. No. 549 of 1944, for a personal decree and obtained the same on 29.9.1944. THEreafter, they transferred the decree in favour of the 1st repondent.On 20.11.1951, the transferee-decree-holder filed E. P. No. 481 of 1951 for executing the said personal decree. That application was filed more than 12 years from the date of the final decree but within 12 years from the date of the personal decree. THE judgment-debtor, inter alia, contended that the application, having been filed more than 12 years from the date of the final decree was barred by limitation. THE learned Subordinate Judge rejected the contention and directed execution to proceed. THE Judgment-debtor preferred the above appeal.(3) Learned counsel contends that an application to execute a personal decree will be barred under Sec. 48, C. P. C., if it is filed more than 12 years from the date of the final decree. THE relevant provisions governing the period of limitationmay now be read. Section 48 :