DAKSHINAMURTHY PILLAI Vs. VEDAMURTHY MUDALIAR

JUDGEMENT

(1.) Since the appellant was a party to the decree under execution and the matter relates to the execution, discharge or satisfaction of the decree, the case is one under Section 47, Civil P. C., and an appeal lies: see Meyyappa Chetty V/s. Chidambaram Chetty [1920] 39 M. L; J. 603 Rukmani Ammal V/s. Narasimha Ayyar A. I. R. 1921 Mad. 612 Abdul Kasim V/s. Thambuswami Pillai [1917] 5 L. W. 701 In this view it is open to a party to the decree to raise the question of limitation and the lower Court was not justified in refusing to allow that point to be raised.

(2.) We remand the case for a finding on the issue, whether E. P. No. 150 of 1924, (4 April 1924) is within time.

(3.) Fresh evidence may be adduced on both sides.