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1969 Supreme(Ker) 163

P.SUBRAMONIAN POTI
Valli – Appellant
Versus
Madhavan – Respondent


Judgment :-

1. The question raised in this case is one of limitation for execution of the decree. The matter arises in execution and the judgment-debtor contends that the execution application pursuant to which the execution is being taken out is barred under Art.182 of the Limitation Act, 1908; that being the Act applicable to the case. The decree was passed on 18-7-1952. E.P. 308 of 1958 was filed by the decree-holder for recovery of mesne profits and costs in a decree for partition. This petition was dismissed on 25-8-1968. The decree-holder died subsequently. His son filed E. P. No. 404 of 1961 on 15-3-1961 for executing the decree. This was dismissed on 5-1-1962 for non-production of succession certificate, for which time was granted by the Court. On 10-3-1964 the present execution petition, which is contended to be barred by limitation, was filed by the decree-holder's son along with the succession certificate, as EP. No. 251 of 1964. It is this application which is said to be beyond the period of three years of the date of the order in EP. No. 308 of 1958, and therefore, barred under Art.182 of the Limitation Act, 1908. If the execuison petition filed by the decree-holder's








































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