MAHARAJA OF BOBBILI Vs. SREE RAJAH NARASARAYA

JUDGEMENT

(1.) This is an appeal from a decree, date a the 2nd May, 1912, of the High Court at Madras, which affirmed an order dated the 25th October, 1910, of the District Judge of Vizagapatam dismissing an application of the 27th April, 1910, for the execution of a decree of the 5th April 1904, on the ground that the application was time-barred when it was made. The question as to whether the application of the 27th April, 1910, was barred by limitation depends on whether a previous application for the execution of the decree which had been made on the 13th December, 1907, was made to the proper Court within the meaning of Article 17901" the second schedule of the Indian Limitation Act, 1877. The period of limitation applicable in this case was three years from the date of applying in accordance with law to the proper Court for execution, or to take some step-in-aid of execution of the decree. The respondents have not appeared and have not been represented in this appeal. The facts, as their Lordships have ascertained them from the papers in the record before them, may be briefly stated.

(2.) The appellant, on the 5th April, 1904, obtained a money decree against the respondents in the Court of the District Judge of Vizagapatam.

(3.) In September 1904, the appellant presented a petition to the Court of the District Judge by which he prayed that the decree should be sent to the Court of the Munsif of Parvatipur for execution on the ground that the properties of the respondents were situate within the local limits of the jurisdiction of the Court of the Munsif, and thereupon the District Judge by his order of the 30th September, 1904, made under 3.223 of the Code of Civil Procedure, 1882, sent the decree for execution to the Court of the Munsif of Parvatipur, and in compliance with Section 224 of that Code sent to the Court of the Munsif (a) a copy of the decree; (b) a certificate that satisfaction of the decree had not been obtained by execution within the jurisdiction of the District Court; and (c) a certificate that no order for the execution of the decree had been made except the order for the transfer of the decree.