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1939 Supreme(Mad) 293

WADSWORTH
G. R. Naidu – Appellant
Versus
Yerramsetti Venkataswami Naidu – Respondent


JUDGMENT

Wadsworth, J.

1. This appeal deals with a question of limitation in execution. The decree was dated 10th October, 1925. The last execution petition about which there was no dispute was dismissed on 28th June, 1930. On 19th June, 1933, an execution petition was presented bearing the wrong number of the suit and it was returned for rectification with the endorsement "suit number is wrong; names of parties do not tally. "Seven days" time was allowed, the date of the return being 5th July, 1933. This execution petition was not re-presented at all until 29th August, 1935, when a fresh execution petition was filed and along with it the returned execution petition was re-presented with the suit number corrected, but the endorsement resubmitting the execution petition was unsigned and there was no application to excuse the delay, nor was there any explanation for the delay. On this the order was passed on 9th September,. 1935 "Fresh Execution Petition filed. Vakil has not signed. Dismissed." The defective execution petition was never numbered at all, not even after this somewhat irregular re-presentation. The appellants, re-presenting the decree-holders, seek to rely on this order o



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