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1945 Supreme(Mad) 82

SOMAYYA
Ayyanna Goundan – Appellant
Versus
T. P. Thandavan Chettiar – Respondent


JUDGMENT

Somayya, J.

1. The question raised in this miscellaneous second appeal is one of limitation. The decree which is sought to be executed by the application under appeal was one passed on 29th of July, 1932. Under the decree the first defendant was directed to pay a sum of Rs. 1385 with interest and costs. In default of payment a charge decree was given over certain properties in the hands of the second defendant. A right to apply for a personal decree in case the sale proceeds of the charged, properties were insufficient was also reserved. E.P. No. 1465 of 1934 was filed on 3rd July, 1934, for the arrest of the first defendant but it was dismissed for nonpayment of batta. Then, E.P. No. 1826 of 1937 was filed on 20th August, 1937- It was also for the arrest of the first defendant and was dismissed for non-payment of batta. The next one was E.P. No. 1408 of 1939 filed on 7th August, 1939, for arrest again of the first defendant and was dismissed as not pressed. Then comes the present application. E.P. No. 1134 of 1942 filed On 16th June, 1942. The question whether the present execution application is barred depends upon the answer to the question whether the two prior applicati




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