N V CHOWDARY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A very short question arises for our consideration in this Civil Revision Petition whether the provisions of Section 5 of the Limitation Act could be pressed into service in spite of categorical exclusion of Order XXI, C.P.C. from the applicability of the said provisions of the Act.

(2.) Section 5 of the Limitation Act reads as under :-

(3.) According to the learned Counsel for the Decree-Holder/Petitioner, the real question before the Court was whether a review petition could be entertained in respect of any order passed by the Court in any proceeding under Order XXI of the Civil Procedure Code. According to the learned Government Pleader for the State the exclusion of Order XXI of C.P.C. from the scope of Section 5 of the Limitation Act does not come in the way of the respondent because the executing Court was considering the maintainability of a review petition and not any order passed under Order XXI of the C.P.C.