G PANNALAL SOWCAR Vs. APPALABHUKATALA SANYASAYYA ACHARY

JUDGEMENT

(1.) THE decree-holder obtained a money decree in the Court of the Munsif, vizianagaram on 4-10-52. It was confirmed in appeal on 31-8-53. On 20-4-54, E. P. No. 480 of 1954 was filed in the Court of the Munsif, Vizianagram. On 28-6-54 a non-satisfaction certificate was issued by the Munsif, Vizianagram to the Munsif, jeypore, through the District Judge. On 23-9-54, E. P. No. 147 of 1954 was filed before the Munsif, Jeypore. On 17-4-58 the execution proceeding was closed on part satisfaction. This result was communicated to the Munsif, Vizianagram on 254-1958. On 17-10-60, E. P. No. 105 of 1960 was filed in the Munsifs Court, jeypore. On 11-11-60 the execution proceeding was dismissed as not maintainable. On 16-7-1963, E. P. No. 1179 of 1963 was filed in the Munsif's court, Vizianagram. That Court sent a non-satisfaction certificate to the Munsif, jeypore on 3-1-1964. The certificate was received on 8-1-64. E. P. No. 74/94 of 1964/65 was filed on 8-7-64. Two objections were raised by the judgment-debtor that the decretal dues had been completely paid and that the execution was barred by limitation. The executing Court overruled both the objections. Before the appellate Court the judgment-debtor abandoned the plea of payment. The appellate Court however, held that the execution proceeding was barred by limitation. Against the reversing order of the appellate Court this Miscellaneous appeal has been filed by the decree-holder.

(2.) THE following questions arise for consideration:

(3.) IT is to be noted that E. P. No. 147 of 1954 in the Court of the Munsif, Jeypore was closed on 17-4-58 and this result was communicated to the Vizianagram court on 25-4-58. The question is whether mere communication or the order constitutes a non-satisfaction certificate under Section 41, Civil P. C. which runs thus:-