Judgement

Appeal from a judgment and decree of the High Court (March 7, 1918) affirming a judgment of the Subordinate Judge of Ramnad.

The judgment of the Subordinate Judge dismissed an application made on March 2, 1916, by the appellant, the assignee of a partially executed decree dated September 26, 1907, for the attachment of certain properties of the respondents, the judgment debtors. The Subordinate Judge held that execution of the decree was barred by art, 182 of Sched. I. of the Indian Limitation Act, 1908.

The facts appear from the judgment of their Lordships.

Oldfield and Bakewell JJ., who heard the appeal to the High Court, said in their judgment "In that

41 Law. Rep. 48 Ind. App. 45 ( 1920- 1921)

Raja of Ramnad V. Velusami Tevar 142

order (namely, the order of December 13, 1915) the lower Court no doubt said, The transfer of the decree in favour of petitioner is recognised and petitioner is allowed to execute the decree.

But we agree with the lower Court that the last eight words cannot be read as an adjudication on all respondents objections to his doing so, including that regarding limitation which they had undoubtedly made. First, these words are used in connection with