Panchapakesa Ayyar, J.-An important question of law arises in this C.M.S.A. namely, whether the 12 years’ period prescribed in section 48, Civil Procedure Code is absolute and unqualified, and subject only to the exception in section 48 (2)(a), and imposes a complete bar to the entertainment of a fresh application for execution after the expiry of the period of 12 years, irrespective of the provisions of section 15 of the Limitation Act, being not a. period of limitation prescribed for any proceedings.

The facts here are briefly these.-The petitioner (decree-holder) obtained a money decree for a sum of Rs.3,000 and odd, in respect of two promissory notes, on 10th April, 1930, in O.S.No.292 of 1930 on the file of the District Munsif, Tiruvannamalai, filed by him on 1st April, 1930. He had got an attachment before judgment on 9th April, 1930, in I.A.No.313 of 1930. The judgment-debtor effected a partition with his father on 30th March, 1930. Then he filed I.P.No.20 of 1930 in the Sub-Court, Vellore, on 4th April, 1930, and was adjudicated insolvent on 11th September, 1930. His moveables were attached by this decree-holder on nth April, 1930. The judgment-debtor’s father filed a petiti

Click Here to Read the rest of this document