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1960 Supreme(Mad) 165

ANANTANARAYANAN
S. V. Krishnier – Appellant
Versus
A. R. Ramchandra Iyer and others – Respondent


Advocates Appeared:
K.S. Desikan and T.S. Srinivasan, for Appellant; T.S. Kuppuswami Iyer and K. Raman, for Respondents.

Judgement

JUDGMENT :- This is an appeal by the petitioner in the lower court, who was the assignee from the 39th creditor in certain proceedings under the Debt Conciliation Act, and who filed an execution petition for sale of properties. The petition was dismissed upon the main ground that it was barred by limitation. The actual question involved turns upon the interpretation, and application of S. 14(2) of the Limitation Act to the facts of this case. The broad facts which are required for our present purpose are as follows :

During the pendency of certain proceedings under the Debt Conciliation Act, an agreement was reached with regard to a sum of money payable to the appellants predecessor-in-interest, the creditor upon a charge of certain properties. This assignment was registered in accordance with S. 14(2) of the Debt Conciliation Act, and the petitioner in the lower court (appellant) is an assignee from the creditor, the assignment in his favour having been recognised by the Sub-Court, Kumbakonam. Subsequent to this recognition, the appellant instituted several petitions for transmission of the decree to the court of the District Munsif of Melur, within whose jurisdiction the













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