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1958 Supreme(Ker) 72

SANKARAN, RAMAN NAYAR
Parameswaran Kartha – Appellant
Versus
Edappally Valia Raja – Respondent


Judgment :-

1. This second appeal is by a judgment-debtor whose objection to execution on the score of limitation has been overruled by the courts below.

2. The decree in question, a money decree, was passed on 22-3-1119 M. E., and the present application for execution, which is the only application so far, was filed on 21-5-1123, four years and two months after the decree. But even before the decree, the judgment-debtor had, on 20-10-1116, instituted a petition (D.R.P. No. 292 of 1116) in the District Court of Alleppey for a settlement of his debts under S.16 of the Travancore Debt Relief Act, Act II of 1116. To this petition, the present decree-holder was impleaded as a party on 14-2-1119 in respect of the very claim on which the decree was passed a month later; and on 26-3-1119 he appeared before court in response to a notice issued under S.17 (2) of the Act and filed a memorandum claiming the amount due to him and demanding priority in the matter of payment. The petition was eventually dismissed on 14-4-1122 for want of prosecution and with it went the decree-holder's memorandum. The only question for decision in this appeal is whether the period of the pendency of the petition






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