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1956 Supreme(Mad) 138

BASHEER AHMED SAYEED
Chennammal – Appellant
Versus
Chennappa Goundar and others – Respondent


Advocates Appeared:
C.S. Swaminathan, for Appellant; D.R. Krishna Rao, for Respondents.

Judgement

JUDGMENT:- This appeal is against the order of the learned District Judge, Salem, setting aside the order of the District Munsif, Dharmapuri, holding that the execution application No. R. E. P. 642 of 1952 in O. S. No. 43 of 1945 was in time, and not barred by the law of limitation.

2. Two points arise for consideration in this appeal. The first is that from a perusal of the records it is found that the appeal preferred by the judgment-debtors against the order of the learned District Munsif was not competent in that it was filed 24 days after the time for the appeal had expired. The order of the learned District Munsif was passed on the 20th March 1953. An application for certified copy of the decree was made on the 30th March 1953. But this application was not proceeded with, and it was dismissed and struck off. Another application was filed on the 22nd April 1953, for the certified copy of the judgment and decree. Even this application was not proceeded with, and it was also struck off. A third application was filed on the 14th May 1953, for a certified copy of the decree and judgment, and on this application action was taken and copies were duly supplied. It is after ob










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