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1978 Supreme(Ker) 142

V.P.GOPALAN NAMBIYAR, K.BASKARAN, T.CHANDRASEKHARA MENON
GEORGE – Appellant
Versus
Varied – Respondent


Judgment :-

1. This appeal arises in execution and has been referred to a Full Bench in view of the importance of the questions involved. The Division Bench has not stated the points of importance.1 he learned Single Judge who referred the case to a Division Bench referred to the decision of the Supreme Court in Eapen Chacko v. Provident Investment Co. (p) Ltd., (1977 KLT. 1) and observed that the decision gave no indication as to whether an execution proceeding can be regarded as a continuation of the suit so as to make it a pending proceeding in a case where the suit was decreed prior to 1-1-1970, (the relevant date for the purposes of this case), and the execution commenced after that date. The learned judge referred to a number of decisions as having been cited by Counsel in support of the contention that although the suit was itself decreed prior to 1-1-1970 the execution proceeding had to be regarded as pending even if initiated only after that date As against this, the learned judge noticed the decision of Raman Nayar J. of this Court cited on the other side, in New Model Bank Ltd. v. P.A. Thomas (AIR 1960 Kerala 243), where the learned judge's observations sound in a differ
























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