KAKATIYA FINANCE NALGONDA Vs. NALAMALA LINGAIAH

JUDGEMENT

(1.) Head both the Counsel

(2.) This C.R.P. arises on the execution side. The petitioner is. the decree holderin O.S.NO. 227/1993 on the file of the District Munsif, Nalgonda. It is submitted that the petitioner filed a suit for recovery of Rs. 10,493/- against the defendant basing on promissory note. The suit was decreed ex parte on 29-6-1994. The respondent filed an application to set aside the ex parte decree in I.A.No. 582/95, but the same was dismissed. Later, the respondent preferred LA.No. 533/1995 in the suit under Section 47 C.P.C. on the ground that the decree should be set aside as the claim of the petitioner is baited by limitation.

(3.) The learned Counsel for the respondent submits that the sole groundset up before the executing Court was that the suit claim was barred by limitation.