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1970 Supreme(Mad) 251

MAHARAJAN
Ranganayaki Ammal – Appellant
Versus
P. Natesa Mudali – Respondent


Advocates:
S. Balasubramaniam, for V.V. Raghavan and T. Nagarajan, for Appellants; S. Sankararamakrishnan (for Respondent) as amicus curiae.

Judgement

ORDER :- The question that arises for determination in this appeal is whether the execution application filed by the decree-holder in E. A. No. 2881 of 1963 on 16-9-1963 is barred by time under Art. 182 of the Limitation Act. The decree-holder in this case obtained on 10-3-1954 a decree against one Sundararajan Chetty and another. Sundararajan Chetti died on 20-2-1955. On 9-3-1957, the decree-holder filed E. P. No. 364 of 1957 praying for impleading Ranganayaki, the wife of Sundararaja Chetty as his legal representative and for execution of the decree against the assets of Sundararaja Chetty in the hands of Ranganayaki. On the same day C. M. P. No. 714 of 1957 was filed by the decree-holder praying for impleading Ranganayaki as a legal representative. Evidently at the time when these petitions were filed, the decree-holder was not aware that the deceased Sundararaja Chetti had left him surviving not only his widow but also his two sons. Notice was taken out to Ranganayaki in E. P. No. 364 of 1957 in C. M. P. 714 of 1957 but it was not served for want of the correct address of Ranganayaki. Therefore fresh steps were ordered, but the decree-holder failed to take steps with t




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