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1955 Supreme(Ker) 44

KOSHI, SUBRAMONIA.IYER, VITHAYATHIL
Pyli – Appellant
Versus
Varghese – Respondent


Judgment :-

1. This case is before a Full Bench under the following order of reference made by a Division Bench of which two of us were members:

"The erstwhile Cochin State obtained a decree dated 26.4.1110 in O.S.1011 of 1107 on the file of the Muvattupuzha Munsiff's Court for money charged upon certain items of immovable property against three defendants who are Christian brothers. The first defendant executed a deed of settlement which is marked as Ext. III on 11.2.1113 creating an interest in presenti in one Ipe Varghese along with himself. The first defendant died in the year 1116. On 26.11.1116 an execution petition was presented. More than one year having elapsed after the previous application, notice under 0.21 R.20, of the Travancore Civil P.C., corresponding to R. 22 of the Indian Code was ordered. Notices were served upon defendants 2 and 3. The notice issued to the first defendant was returned unserved with an endorsement that he was dead. The court posted the case to 30.2.1119 for impleading the legal representatives of the deceased first-defendant. Not having taken steps in that regard till that date, the decree-holder applied for time on 30.2.1119. That application di































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