MUTHUVENKATASUBBA REDDIAR Vs. THANGAVEL CHETTI

JUDGEMENT

(1.) This appeal arises out of an execution petition filed on Nov-ember 21, 1941, in a mortgage suit, O.S. No 26 of 1927, on the file of the Subor-dinate Judge's Court of Cuddalore in which the final decree was passed on November 25, 1929. This is the judgment-debtor's appeal against the learned Subordinate Judge's order directing execution to issue.

(2.) The sole question arising is whether the execution petition is barred by the provisions of Art. 182(5) of the Limitation Act. It was filed a few days before the expiration of twelve years following the passing of the decree and the only point for consideration is whether the filing took place within three years of the final order in an earlier execution petition.

(3.) The execution petition, out of which this appeal arises, is the fifth of such petitions filed since the final decree in the suit was passed. The first four petitions were filed on (1) November 21, 1932, (2) November 19, 1935, (3) November 21, 1935, and (4) November 22, 1938. Petitions Nos. 1, 2 and 4 were purported to be dismissed and No. 3 was " rejected." It is conceded that, if there was a final order within the contemplation of Art. 182(5) in each of those petitions, then the present petition is not barred by limitation.