VEMULAPALLI SATYANARAYANA Vs. VETRAPU KAJIREDDI

JUDGEMENT

(1.) The question in this appeal is whether the execution of a decree obtained by the appellants in Original Suit No. 62 of 1932 in the Court of the District Judge of Kistna in barred by the law of limitation. The District Judge has held that it is. The decree was passed against ten of the fifteen defendants, namely, against defendants 1 to 9 and 15. We agree with the District Judge that the decree is barred against defendants 1, 3 to 5, 7 to 9 and 15. Whether it is barred against the second and sixth defendants will depend on the result of a further inquiry which we propose to order the District Judge to make.

(2.) The decree was passed on the 29 January, 1935, for the payment of Rs. 6,181-4-0 with interest and costs. On the 27 January, 1938, the decree-holders filed a petition asking for the execution of the decree by the arrest of the judgment-debtors. As the application was made two years after the date of the decree the decree-holders included in their petition a prayer for the issue of notice under the provisions of Order 21, Rule 22 of the Code of Civil Procedure. Unfortunately in the execution petition the suit was described as being Original Suit No. 62 of 1931, whereas the correct number was Original Suit No. 62 of 1932. As the names of the parties did not tally with the names of the parties in Original Suit No. 62 of 1931, the petition was returned to the decree-holders with these remarks: Original Suit No. 62 of 1931 quoted in the execution petition is not correct as the names of the parties do not tally. For other particulars, decree copy has not been filed. To state how this is an application in accordance with law when the amount due under the decree on the date of filing of the execution petition was not noted.

(3.) This order was passed on the 1 February, 1938. The petition for execution was returned to the decree-holders, who represented in on the nth February, 1938, with a prayer that a week's time might be granted for the filing of a copy of the decree. On the 14 February, 1938, time was granted until the 21 February 1938. The petition was represented on the 23 February, 1938, with a prayer that a further week's time should be granted. As a petition for the extension of time had not been filed the District Judge, on the 26 February, 1938, passed an order formally dismissing the petition for execution. This order was indorsed on the petition itself.