SANKARAN, KOSHI
Lekshmana Perumal Nadar – Appellant
Versus
Sudalamuthu Nadar – Respondent
1. The second defendant in O.S. No. 845 of 1115 on the file of the Nagercoil District Munsiff 'Court is the appellant. The decree in the case was passed on 31st Kanni 1116. The execution petition filed by the decree-holder on 26th Thulam 1120 was objected to by the second defendant on the ground that the decree had already become barred by limitation. In answer to this objection, the decree-holder contended that the starting point of limitation is the date of the final order by which the second defendant's application set aside the decree under O. 9, R.13 of the Code of Civil Procedure, was dismissed. On 19th Thulam 1116 the second defendant had filed an application under O. 9, R.13 to set aside the decree and to restore the suit to file. That application was dismissed by the trial court on 29th Edavam 1117. The second defendant's appeal against that order was dismissed by the District Court on 4th Karkadagam 1118. Against such order of dismissal, C.R.P. No. 192 of 1119 had been filed by the second defendant. The High Court dismissed the C.R.P. on 27th Chingam 1120. The position taken up by the decree-holder is that the period of limitation for the execution of the decr
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