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1978 Supreme(AP) 132

B.P.JEEVAN REDDY
J. P. Mohan Rao – Appellant
Versus
Arava (Arava) Jashna Panchalaiah – Respondent


B. P. JEEVAN REDDY, J.

( 1 ) DECREE holder is the petitioner. He obtained a decree for money against the respondent and filed E. P. No. 71/1972 for realising a sum of Rs. 9,722-40 ps. Meanwhile, the summer vacations intervened and the Courts reopened on 11-6-1973. On 14-6-1973 the judgement-debtor filed E. A. No. 43 of 1973 for recording part satisfaction to the extent of Rs. 8,603-95 Ps. According to him, on daughter in favour of the decree-holder for a sum of Rs. 5,500. 00 and further paid a sum of Rs. 3,103-95 p. in cash. Notice of the petition was given to the decree-holder who denied receiving any such payment or having purchased the car. He also pleaded that the judgement-debtors application is barred by Article 125 of the Limitation Act, 1963. The Court below enquired into the same and upheld the judgement-debtors plea that has paid a sum of Rs. 8,603-95 to the decree-holder, as alleged by him. It overruled the objection of the decree-holder relating to limitation relying upon S. 17 of the Limitation Act. Hence this Civil Revision Petition.

( 2 ) THE first question raised by Mr. M. V. Ramana Reddy, the learned counsel for the revision petitioner (decree-holder) is that the ve













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