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1934 Supreme(Mad) 398

VENKATASUBBA RAO
Srila Sri Subramania Desika Gnanasambanda Pandara Sannadhi deceased Srila Sri Shanmuga Desika Gnana Pandarasannadhi, Legal – Appellant
Versus
Rangaswami Chettiar – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. The execution proceedings in this case have had a curious and interesting history. The defendant died soon after the passing of the decree. Ignorant of this fact, the plaintiff filed the first four execution petitions against the dead judgment-debtor. The fifth petition he filed, bringing a wrong person on the record as the debtors representative. The present petition is the sixth one filed against the same wrong representative; but the plaintiff amended it after the expiry of the 12 year period prescribed by Section 48, Civil Procedure Code by bringing the right representative on the record. The lower Courts finding, which is not contested, is that the plaintiff throughout acted bona fide.

2. On these facts, three questions arise:

(1) Are the first four petitions against the dead judgment-debtor steps-in-aid of execution within Article 182 (5) of the Limitation Act?.

(2) Is the fifth petition against the wrong representative a step-in-aid of execution?

(3) Does the amendment of the sixth (i.e., the present) petition, beyond the period provided by the law, relate back to the date when it was originally presented?

3. The first point. - There is a prepondera





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