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1926 Supreme(Mad) 15

RAMESAM
Lalumia – Appellant
Versus
Mazur Hannisa – Respondent


JUDGMENT

Ramesam, J.

1. This Civil Miscellaneous Second Appeal arises in the execution of a decree in O.S. No. 316 of 1912, dated 6-1-1915. The decree was obtained by the respondent against her husband the appellant. The first execution petition was filed on 20-9-1915. The appellants immovable property was attached. There was a claim petition. It was dismissed on 26-2-1916. The attached property was sold in September 1916 and the sale was confirmed on 10-10-1916. Meanwhile the defeated claimant filed an original suit to establish his right, O.S. No. 420 of 1916. This was dismissed on 9-11-1917. An appeal to the Sub-Court, A.S. No. 55 of 1918, was dismissed on 18-11-1919. The decree-holder then filed a petition for further execution, E.P. No. 44 of 1920, dated 13-11-1919. She was asked to state how her petition which was more than three years from the earlier petition was not barred. She gave no explanation. She asked for further time. After time was extended twice the following order was passed. "Time can no longer be granted. Rejected" It does not appear on what ground it was rejected. If it was rejected on the ground that it was out of time, possibly the order may be resjudicata: s

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