VEMULAMANDA BHADRAYYA Vs. PENUMETCHA JAGGARAJU

JUDGEMENT

(1.) Appeal against the order of the Subordinate Judge of Narsapur, in A.S. No. 191 of 1922.

(2.) The decree-holder, in O.S. No. 1156 of 1913 filed execution applications, in 1914, 1918 and 1919. On 7 December, 1921 the judgment-debtor moved the Court of execution under Order 47 of the Civil Procedure Code for a declaration that the execution petition of 1918 was barred by limitation, and thus the proceedings of 1919 would also not be valid.

(3.) It has been found by the District Munsif in the original proceedings that the petitioner was duly appraised of the execution petition of 1919 and then was the time that she should have contested the validity of that of 1918. The question for determination is whether she can raise the plea at this late stage.