OFFICIAL RECEIVER OF RAMNAD, REPRESENTING THE ESTATE OF AT K PL SP SUBRAMANIAN CHETTIAR, INSOLVENT Vs. NPAKMUTHIAH CHETTIAR

JUDGEMENT

(1.) This is an appeal from an order passed by the Subordinate Judge of Devakottai in proceedings instituted for the execution of a decree passed by the Rangoon High Court and transferred for execution to the District Court of Ramnad before the separation of Burma from India on the 1 April, 1937. The appeal calls for the consideration of Order 21, Rule 16, Section 44-A, and Section 146 of the Civil P. C..

(2.) On the 27 July, 1931, the original side of the Rangoon High Court passed a decree in favour of the AT. K.PL.SP. Chettiar firm against two defendants, the K.S.R.M. Chettiar firm and the N. P. A. K. Chettiar firm. The proprietor of the N.P.A.K. Chettiar firm was one Muthiah Chettiar. On appeal the Appellate Side of the Rangoon High Court held that the K.S.R. M. Chettiar firm was. not liable, but confirmed the decree in so far as it affected the N. P. A. K. Chettiar firm. The appellate decree was passed on the nth May, 1933, and was for the sum of Rs. 26,289-6-0 with further interest and costs.

(3.) In 1934, on the decree-holder's application, the Rangoon High Court transferred the decree to the District Court of Ramnad for execution. The order of transfer was accompanied by a certificate of non-satisfaction. On the 2nd November,1934, the District Judge of Ramnad transferred the decree to the Court of the Subordinate Judge of Devakottai. In E.P. No. 2 of 1935 of the Court of the Subordinate Judge of Devakottai the decree-holder applied for execution by the arrest of Muthiah Chettiar, the proprietor of the N. P.A. K. firm. On the 12 th March,1935, an order for his arrest was passed; but as the decree-holder had failed to pay the batta charges, the application was dismissed on the 20 March, 1935. Eight days later the decree-holder filed another application (E.P. No. 112 of 1935) in which he again asked for the judgment-debtor's arrest. This application was dismissed on the 18 April, 1935, because the judgment-debtor could not be found-On the 23 February, 1937, the decree-holder filed a third application (E.P. No.. 73 of 1937). In this application he applied for the attachment and sale of the properties owned by the judgment-debtor. On the 8 April, 1937, an order for attachment was passed and the sale fixed for the 15 October, 1937.