KRISHNA CHANDRA GAJAPATHI NARAYANA Vs. PARIMI RANGANAYAKULY

JUDGEMENT

(1.) IN this Civil Miscellaneous Second Appeal the only question for determination is whether E. P. No. 193 of 1950 is a fresh E. P. or is one for revival of E. P. No. 35 of 1948, which was wrongly dismissed by the Court on 27 -9 -1948.

(2.) PRELIMINARY decree was passed on 16 -9 -1933 and final decree on 10 -10 -1936. The last E. P. 35 of 1948 was filed in 1948 and was pending when the judgment -debtors applied under S. 19 of the Madras Agriculturists Relief Act which came into force subsequent to the passing of the final decree for a review of the decree. This application was filed on 24 -9 -1948. The effect of the filing of an application under S. 19 was that the execution proceedings were stayed under S. 20. The Court having regard to the application of the Judgment debtors dated 24 -09 -1948 dismissed the E. P. on 27 -09 -1948 just two days before the Michaelmas vacation.