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1954 Supreme(Mad) 288

RAJAGOPALA AYYANGAR
Kannappa Chettiar alias Arunachalam Chettiar – Appellant
Versus
Kandaswami Pillai – Respondent


Advocates:
S. Tyagaraja Aiyar for Appellant.
B.C. Seshachala Aiyar and J. Nagarajan for Respondent.

Judgment.-This is a judgment-debtor’s appeal against an order by the learned District Judge of North Arcot allowing the execution of the decree in O.S. No. 292 of 1930 to proceed. To appreciate the point that has been raised by the learned counsel for the appellant, it is necessary to state a few of the facts in the protracted history of this litigation. The respondent obtained a money decree in O.S. No. 292 of 1930 on the file of the Court of the District Munsif, Tiruvannamalai, on 10th April, 1930. Pending the suit, the decree-holder had obtained an attachment before judgment which was effected on 9th April, 1930. But even before this date, on 4th April, 1930, the judgment-debtor had filed I.P. No. 20 of 1930 for his own adjudication and this was ordered on nth September, 1930. On 11th April, 1930, that is, after the institution of the insolvency proceedings, but before the adjudication, the decree-holder filed E.P. No. 391 of 1930 for executing the decree which he had obtained. However, on the application of the judgment-debtor execution proceedings were stayed under section 29 of the Provincial Insolvency Act by order, dated 18th August, 1931. There were several intermediate pr









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