V SEETHARAMA CHETTIAR Vs. TRMUTHUKRISHNA CHETTIAR

JUDGEMENT

(1.) This is an appeal against the decision of the learned Subordinate Judge of Salem dismissing an execution petition on the ground that it was barred by the provisions of Art. 182 of the Limitation Act.

(2.) No appearance has been made on behalf of the respondent, judgment-debtor. Mr. T. K. Srinivasathathachari has appeared for the appellant-decree-holder and has given us very frankly and fully all the facts and, I am sure, all the relevant authorities. So the absence of the respondent or any one appearing on his behalf has not occasioned any harm.

(3.) The petition was instituted on 24 June, 1944, with respect to a decree for a considerable sum of money passed in O.S. No. 58 of 1934 in the Subordinate Judge's Court of Salem on the 25 November, 1935, for execution against the third defendant judgment-debtor alone. The learned Subordinate Judge held that it was barred inasmuch as more than three years had expired since there had been a final order of disposal of any previous execution petition. In regard to a petition, which was unnumbered, instituted on the 9 March, 1942 and which, according to the records, was rejected on 8 July, 1942, there was no final order in respect of it and consequently it did not save limitation in respect of the execution petition filed in 1944. If the previous execution petition was one which fulfilled the requirements of law and in respect of which a final order was made in July, 1942, then the present execution petition is not barred.