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1936 Supreme(Mad) 227

BURN
Sri Sri Sri Nandamani Ananga Bhima Deo Kesari Gajapathi – Appellant
Versus
Sri Madana Mohana Deo – Respondent


JUDGMENT

Burn, J.

1. These appeals are from the judgment of our learned brother, King, J., in Modono Mahono Deo v. Kunja Behari AIR1935Mad786 . The facts have been set out in the judgment of our learned brother and need not be repeated here. We do not find that there is any very great difficulty in this case. The only point that arises for decision is whether the decree-holder, the appellant herein, "applied in accordance with law" for execution when his petition, E.P. No. 1414 of 1923 and the connected petitions were presented to the District Munsiff on 20th November, 1923. The last execution petition before that had been presented in 1920 and the execution petition now under consideration was presented in 1925, and therefore it is clear that unless the application of 1923 was one made in accordance with law, Article 179 (as it then was) of the Indian Limitation Act will bar execution. Now, to begin with, E.P. No. 1414 of 1923 and the connected execution petitions are not apparently in themselves defective in any way. They are signed by the decree-holder and no criticism of their contents has been offered. The objection on behalf of the judgment-debtors is that they were presented b





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