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1970 Supreme(Mad) 250

S.MAHARAJAN
Ranganayaki Animal – Appellant
Versus
P. Natesa Mudali – Respondent


Advocates:
S. Balasubramaniam, for V. V. Raghavan and T. Nagarajan, for Appellants.
S. Sankararamakrishnan, for Respondent.

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 16th September, 1963 is barred by time under Article 182 of the Limitation Act. The decree-holder in this case obtained on 10th March, 1954, a decree against one Sundararajan Chetti and another. Sundararajan Chetti died on 20th February, 1955. On 9th March, 1957, the decree-holder filed E.P. No. 364 of 1957, praying for impleading Ranga-nayaki, the wife of Sundararaja Chetti as his legal representative and for execution of the decree against the assets of Sundararaja Chetti 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 those 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. No. 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





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