NATESA PILLAI Vs. GOVINDASAMI PATHAN

JUDGEMENT

(1.) This second appeal raises a question of some importance under Section 73, Civil P.C.

(2.) The plaintiff is the appellant in the second appeal. Defendant 2, Govindasami obtained a money decree in O.S. No, 373 of 1914 on the file of the Tiruvarur District Munsif's Court and had the decree transferred to the District Munsif's Court, Tiruthuraipundi for execution by the attachment of a mortgage debt due to the judgment-debtor (Namasivayam Chetty) by Veerappa Thevan on a hypothecation deed. The mortgage-debt was attached, and Govindasami himself (Defendant 2) was appointed receiver to collect the attached debt. The terms of the order of appointment of the receiver are important: see Ex. B dated 29 April 1916: I appoint the petitioner as receiver to collect the debt as prayed for. He should pay the realized debt into Court and take out the realized sum after taking the further orders of the Court.

(3.) The receiver filed O.S. No. 259 of 1917 on the file of the Tiruthuraipundi District Munsif's Court to recover the money due on the mortgage bond, got a final decree on 8 August 1921 and took out execution of the decree by E.P. No. 445 of 1921 on 5 November 1921. The execution petition was, however, dismissed on 5 April 1922.