1956 Supreme(Mad) 37
GOVINDA MENON, RAMASWAMI GOUNDER
N. P. A. K. Muthiah Chettiar (died) – Appellant
Versus
K. S. Rm. Firm Shwebo, Burma, by its Partner and Receiver K. S. RM. VR. RM. Veerappa Chettiar – Respondent
Advocates:
K. Rajah Iyer and B. V. Viswanatha Ayyar for Appellant in C.M.A. No. 85 of 1951.
P.S. Chandrasekhara Ayyar and P. S. Ramachandran for Respondent in C.M.A. No. 85 of 1951; and Appellant in C.M.A. No. 352 of 1951, and with K. Thirumalai with them in Appeal No. 908 of 1952 and Appeal No. 909 of 1952.
K. Srinivasan and R. Aravamuda Ayyangar for Respondent in C.M.A. No. 352 of 1952.
G. R. Jagadisan and S. Somasundaram for Respondents in Appeals Nos. 908 and 909 of 1952 and Appellant in C.M.A. No. 177 of 1952.
T. Krishna Rao for Respondent in C.M.A. No. 177 of 1952.
Govinda Menon, J. - The short facts which have given rise to the above appeal are as follow: The first defendant in C.R. No. 172 of 1932 on the file of the High Court, Rangoon, was a firm of which defendants 2 and 3 were partners and the suit against them was for recovery of a sum of Rs. 48,000 and odd. On 25th May, 1933, after the refusal of the request by the defendants’ advocate for an adjournment of the suit, an ex parte decree was passed as prayed for. By E. A. No. 613 of 1933 on the file of the Rangoon High Court the decree was transmitted for execution to the Sub-Court, Devakottai, where it was alleged that the properties of the judgment-debtors were situate. Between 1933 and 1941 three infractuous applications were taken out by the decree-holder but the same were dismissed for various reasons. Thereafter on 6th September, 1944, more than three years of the dismissal of the previous application and the final orders being passed on that, E.P. No. 173 of 1944 was filed for executing the decree by attachment and sale of the properties belonging to the judgment-debtors as a result of which attachment was ordered on 26th March,. 1945, effected on 6th April, 1945 and the sale of p
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