(1.) This revision petition is filed by the-judgment-debtor against the order in E. A. No. 398 of 1976 in E. P. No. 31 of 1970 in O S. No. 342 of 1963 passed by the learned Principal District Munsif, Adoni, restoring the execution petition E. P. No. 31 of 1970.
(2.) The relevant facts are as follows :- The suit O. S No. 342 of 1963 was decreed on 15th July, 1964. An execution petition E. P. No. 31 of 1970 was filed for arrest and detention of the judgment-debtor in the Civil Prison. The judgment-debtor opposed the said application stating that he was not liable for arrest as be had no means to pay the amount. The execution petition was adjourned on a number of occasions and finally on 20th January, 1971, the judgment- debtor was set ex parte and his arrest was ordered. Pursuant to the said order of arrest, the judgment-debtor was brought under arrest on 1st February, 1971. On the date, the following order was passed. "J. D. arrested and released, as he filed I. P. E. P. dismissed ,"
(3.) Thereafter, the insolvency petition I. P. No. I of 1971 was dismissed on 19th January, 1973 by the District Munsif, as the judgment-debtor had filed another insolvency petition I. P. No. 7 of 1973 on the file of the Subordinate Judge's Court, Adoni. The said insolvency petition I. P. No. 7 of 1973 was also dismissed on 2nd July, 1974. Subsequently, the decree-holder filed the present application S. A. No. 398 of 1976 for restoration of E. P. No. 31 of 1970 and for taking further proceedings in execution. This application was opposed by the judgment- debtor contending that the said application for restoration amounts to filing of a fresh execution petition and that the said application for execution having been filed beyond 12 years from the date of the decree, it was baried under Article 136 of the new Limitation Act.