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1945 Supreme(Mad) 40

KUPPUSWAMI AYYAR
Kosuri Gopalarayadu – Appellant
Versus
Adusumilli Gopalakrishnayya – Respondent


JUDGMENT

Kuppuswami Ayyar, J.

1. The appellant was the sixth respondent judgment-debtor under the decree of the Privy Council in Privy Council Case No. 55 of 1916 and the appeal arises out of the objection raised by him that E.P. No. 174 of 1936 filed in the District Munsiffs Court, Gudivada, in execution of that decree is barred by limitation. The decree of the Privy Council was passed on 5th July, 1918. It was a decree for costs against various persons one of whom was the present appellant who was at the time of the institution of the suit a minor represented by his guardian, his natural father. The petition was filed on 17th June, 1936, that is more than 12 years after the date of the decree. But what was stated was that there was a revivor by the proceedings in E.P. No. 194 of 1928 filed within 12 years from the date of the decree. It is stated that the appellant was made a party to those proceedings and execution was sought to be had as against him, that notice was sent to him represented by his father as guardian, that he was served with notice and after notice was served on the guardian an order for sale of the properties attached was passed within 12 years from the date of th








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