CHANDA YADGIRI Vs. M. VENKATAIAH AND OTHERS

JUDGEMENT

(1.) This appeal is against the order of the Subordinate Judge, Karimnagar, dismissing an execution petition filed by the appellant on the ground that it was barred by limitation.

(2.) A decree was obtained by one Buchi Rama Rao for a sum of Rs. 13,830/- against the respondents and some others on 11-1-1949, which was confirmed on appeal by the erstwhile Hyderabad High Court. The decree-holder levied execution of the decree for the first time on 20th September, 1950. Pending execution, he assigned the decree to the appellant. Immediately, the transferee made an application under Order 21, Rule 16 with the assignment deed annexed. As this document was insufficiently stamped, it was sent to the revenue authorities for impounding it. Since there was delay in getting it back, the executing Court struck off the execution petition from the file, being of the opinion that it was not desirable to keep the matter pending before the Court and that it was open to the parties to submit a fresh petition after the receipt of the document.

(3.) Subsequently, the appellant presented a petition again under Order 21, Rule 16, C. P. C. on 19-11-1953 for recognition of the transfer and for the issue of notice to the judgment-debtors, as more than two years had elapsed since the passing of the decree. Thereupon, notice was issued both to the decree-holder and the judgment-debtors. Neither of them appeared in Court and the petition for transfer of the decree was accepted.