SIVASWAMY AIYAR Vs. SIVALINGAM PILLAY

JUDGEMENT

(1.) WE agree with the Subordinate Judge that the petition was not defective, and we observe that no objection was taken by the respondents to the petition on the ground on which the District Judge has in paragraph 4 of his judgment held, it to be defective. As to the absence of a list of immovable property we have to observe that the list was put in on the 15 August 1906 which was within 12 years of the appellate order of the 17 October 1904, which, the District Judge has overlooked. It is sought to support the District Judge's order on the ground that no application for execution was granted till after toe expiry of 12 years. The Subordinate Judge overruled, the objection following Senra Desai Venra Jagath Virarama V/s. Annasami Ayyar 6 M. 359, which is exactly in point.

(2.) WE, therefore, reverse the order of the District Judge and restore that of the Subordinate Judge with, costs in this and the lower appellate Court.