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1936 Supreme(Mad) 382

HORWILL
Appaji Chetti – Appellant
Versus
Govindasami Reddi – Respondent


ORDER

Horwill, J.

1. The decree was passed on 28th July 1928. An execution petition was filed on 24th July 1931, which was not presented either by the party or by a vakil duly authorized on his behalf. A notice went on the petition and the judgment-debtor pleaded a payment of Rs. 50. Thereupon three months time was granted and the petition struck off. On 22nd January 1932 another E.P. was filed in which the judgment-debtor, without notice, was arrested. He paid Rs. 25, part satisfaction was recorded and he was released. When the present E.P. was filed on 25th November 1933, the Court discovered that the gentleman who had been conducting the two prior execution petitions was not in possession of a vakalat and it therefore held that the two former petitions were not in accordance with law and. that as the present execution petition was filed more than three years after the decree, it was out of time. It was accordingly dismissed. In revision it is argued (1) that all these three petitions should be considered as one which was interrupted by the District Munsif for statistical purposes and that the vakalat filed in the present application must be deemed to validate all the earlier proce








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