KUPPUSWAMI CHETTIAR Vs. RAJAGOPALA IYER

JUDGEMENT

(1.) The sole question for disposal in this appeal is one of limitation. Appellant is the decree- holder in Original Suit No. 174 of 1916 on the file of the District Munsif of Tiruvadi and the appeal arises out of his Execution Petition, No. 368 of 1919, filed on 8 October 1919. The decree is dated 2 May, 1916 and the only prior execution petition presented by appellant was dismissed on 7 September 1916. The present application is admittedly time-barred, unless appellant can claim a new starting point for limitation under Art. 182(5) of the Indian Limitation Act by showing that he applied within 3 years of the prior execution petition "to take some step-in-aid of execution."

(2.) There are two petitions (Exhibits E and F) and a plaint in another suit (Exhibit C) which as appellant contends, should be regarded as such applications. I shall deal with them in order, beginning with Exhibit E.

(3.) On 3 January 1918 the judgment-debtor (respondent) filed a petition, Execution Application No. 16 of 1918, for entering satisfaction of the decree, which he claimed to have discharged. On this; appellant filed a counter-statement, Exhibit E, dated 1 February 1918 denying receipt of the decree amount, and asking that the petition should be dismissed (It was eventually dismissed on 16 August 1918 owing to respondent's default).