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1960 Supreme(Mad) 401

RAMACHANDRA.IYER, KUNHAMED KUTTI
Arumugan Chettiar – Appellant
Versus
V. Kalyanasundaram Pillai – Respondent


Advocates:
T. R. Srinivasa Ayyar and S. Krishnaswamy, for Appellant.
G. S. Rajappa, for Respondents.

Ramachandra Iyer, J.-

The only question involved in this appeal is whether the application for execution of the decree in O.S. No. 92 of 1949, on the file of the Sub-Court, Tuticorin, is barred by limitation. The suit was laid against the respondent and his wife Arunachalathammal as the 2nd defendant for recovery of certain monies due on dealings, which the appellant had with the former. Arunachalathammal was impleaded as a guarantor. On 24th November, 1951, the Subordinate Judge, Tuticorin, passed a decree for a sum of Rs. 34,479-6-2 and costs, against the appellant dismissing the suit against Arunachalathammal with costs. As no statement of costs was filed on behalf of Arunachalathammal, those costs were not taxed. Nevertheless, the appellant filed A.S. No. 940 of 1952, in this Court, challenging the validity of the decree in so far as it directed costs to be paid by the appellant to Arunachalathammal. That appeal was dismissed on 14th November, 1956. In the meanwhile, the appellant had applied on 31st August, 1954, for execution of the decree against the respondent. That application was dismissed on 8th February, 1955. On 4th March, 1958, the appellant filed an execution applicat















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