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1941 Supreme(Mad) 345

SOMAYYA
Sundarabalakadiresa Thevar – Appellant
Versus
Avudai Ammal – Respondent


JUDGMENT

Somayya, J.

1. The question for decision in this appeal is whether execution of the decree is barred by limitation. The execution application under consideration is E.P. No. 307 of 1938 filed on 30th July, 1938. The decree sought to be executed is a mortgage decree passed on the 31st July, 1926, in O.S. No. 55 of 1924, on the file of the District Munsifs Court, Sattur. There were several execution applications in between and the question is whether the present execution application is not saved by the previous applications.

2. The first application for execution was filed on the 1st of July, 1927, and it was returned for production of sale papers. This application was not re-presented with the sale papers within the time given but it was presented along with the next execution application filed on the 23rd June, 1930. This time also the sale papers were not filed with the execution petition bat on the undertaking that they will be filed later, the execution application was numbered as E.P. No. 362 of 1930. There were a number of defendants, some were reported to be dead, the twelfth defendant was reported to have died two years-prior, the twenty-first defendant was also dead





































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