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IN THE HIGH COURT OF MADRAS
Suppa Reddiar
Versus
Avudai Ammal
Decided On : 20.09.1904
Application - Execution - Revival or continuation - Limitation Act
Fact of the Case:
The court treated the application as a revival or continuation of an application for execution that had been wrongly dismissed. The application was found to be in time based on the Limitation Act.
Finding of the Court:
The court analyzed the nature of the application and its timing, following the decisions of other High Courts and overruling a previous decision. The court concluded that the application was in time.
Issues: Nature of the application, applicability of the Limitation Act, interpretation of previous decisions
Ratio Decidendi: The court treated the application as a revival or continuation, applied the Limitation Act, and overruled a previous decision.
Final Decision: The court's answer to the reference was in the negative, indicating that the application was in time.
1. We think that the application in this case should be treated not as an application for execution, but as an application to revive or continue an application for execution that had been wrongly dismissed as a competent Court has declared. The Article applicable is therefore 178 of the second Schedule of the Limitation Act and time began to run from the date of the appellate decree declaring the respondents right to execute, which was the 20th February 1901. This application was therefore in time We follow the decisions of the other High Courts cited in the order of reference and overrule the decision in Narayana Nambi v. Pappy Brahmani I.L.R. M. 22. Our answer to the reference is in the negative.
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