ANNAMALAI CHETTIAR Vs. VALLIAMMAI ACHI

JUDGEMENT

(1.) This is an appeal from an order of the High Court of Judicature at Madras, dated August 19, 1942, affirming an order of the Subordinate Judge of Devakottai, dated July 10, 1940. The appeal raises the question whether an application for execution, No. 72 of 1940, preferred on November 25, 1939, for execution of a decree dated November 3, 1934, is barred by the Indian Limitation Act, 1908, and that depends on the construction of Art. 182 of the Act.

(2.) That article is in the following terms:

(3.) The application is clearly barred by paragraph 1 of Art. 182 unless it can be brought within one of the later paragraphs. Paragraph 2 has no application since there was no appeal against, or affecting the validity of, the decree ; nor does para. 3 apply since there was no application for review of judgment. Paragraph 4 is irrelevant so far as this case is concerned.