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1933 Supreme(Mad) 98

HORACE OWEN COMPTON BEASLEY, KT.
Modali Ademma – Appellant
Versus
Lanka Venkatasubbayya – Respondent


JUDGMENT

Horace Owen Compton Beasley, Kt., C.J.

1. The Civil Revision Petition raises an interesting question of practice. It has been put before us by our learned brother Krishnan Pandalai, J., on account of a conflict of opinion of two single Judges, one of Krishnaswami Aiyar, J., in Arimuthu Chetty v. Vayapuri Pandaram (1911)21MLJ505 and the other of Jackson, J., in Nanjunda Chettiar v. Nallakaruppan Chettiar (1928)55MLJ120 . Our learned brother Krishnan Pandalai, J., was inclined to agree with the earlier decision.

2. The question is, when does an order of transfer of a decree take effect so as to enable the Court to which the decree is transferred to entertain applications for execution? This is a matter of some importance in some cases, and it is so in this case because, if the view in Arimuthu Chetty v. Vayapuri Pandaram (1911)21MLJ505 is to prevail, then the petitioners application for execution was not barred by limitation; and, in my view, the question of limitation has an important bearing in coming to a decision upon this point. In Arimuthu Chetty v. Vayapuri Pandaram (1911)21MLJ505 the view expressed is that even though a copy of the decree has not been received by the ex





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