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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Visu Financiers, Represented By Its Managing Partner – Appellant
Versus
G. Sundararaj – Respondent
| Table of Content |
|---|
| 1. arguments regarding limitation application. (Para 4 , 5 , 6 , 7 , 8 , 8 , 10 , 10) |
| 2. principles related to the limitation act. (Para 9 , 11 , 12 , 16) |
| 3. factual background of the case. (Para 13) |
| 4. court observations on justice and limitation. (Para 19 , 20 , 21 , 22) |
| 5. conclusion and order from the court. (Para 23) |
ORDER :
N. SENTHILKUMAR, J.
The present Civil Revision Petition has been filed challenging the order passed by the learned Principal Subordinate Judge, Kumbakonam, in I.A.No. 236 of 2019 in O.S.No.144 of 2004, dated 15.10.2022.
2.Heard Mr.K.Suresh, learned Counsel for the Revision Petitioner and Mr.S.Anand Chandrasekar, learned Counsel for the respondent.
3.The brief facts of the case are as follows:
3(1).The Revision Petitioner is the plaintiff in the suit in O.S.No.144 of 2004 on the file of the Principal Subordinate Court, Kumbakonam, and the respondent is the defendant in the suit. The said suit was filed for recovery of money due on the mortgage executed by the defendant. In the said suit, an ex parte decree was passed on 12.11.2009. Thereafter, the respondent/defendant filed an application in I.A.No.101 of 2010 to set aside the ex parte decree, dated 1
The applicability of Article 136 of the Limitation Act supersedes Article 137 for final decree applications, allowing exclusion of prior litigation periods in calculating limitation.
Point of law: Once court accepts explanation as sufficient it is the result of positive exercise of discretion and normally the superior court should not disturb such finding, much less in revisiiona....
The enforceability of a decree begins from the judgment of the appellate court, not from the original decree, thus validating timely execution petitions.
The execution of an ex parte decree is not barred by limitation if the decree has merged with a revisional order, resetting the limitation period for enforcement.
The period for executing a decree runs from the date of the appellate decree, even when there is an appeal regarding part of the decree.
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