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1980 Supreme(Ker) 109

GEORGE VADAKKEL
AMMU AMMAL – Appellant
Versus
VENKITADRI IYER – Respondent


Judgment :-

1. In proceedings in execution the judgment-debtor claimed protection of the provisions of Ordinance 9 of 1977. Thereupon the decree-holder served; certain interrogatories on the judgment-debtor. Overruling the objection of the judgment-debtor that no interrogatory could be served in execution proceedings on the opposite party, that court directed the judgment-debtor to answer the interrogatories. The judgment-debtor has come up in revision. The only point that arises for consideration is as to whether interrogatory could be served in execution proceedings and whether the opposite party on whom interrogatories are served could be directed to answer the same.

2. Reliance was placed on behalf of the judgment-debtor, revision petitioner, on Rule I of Order XI of the Code of Civil Procedure, 1908 relating to discovery by interrogatories where reference only to suit and not to execution proceedings is made. Before the lower court also the same contention was raised.That court took the view that the suit does not terminate by judgment and decree and it terminates only when the fruits of the decree are realised and the execution proceedings have come to an end. This may be one









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