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Subgaravelu Pillai Vs. Santhana Krishna Mudaliar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in31Ind.Cas.9
AppellantSubgaravelu Pillai
RespondentSanthana Krishna Mudaliar
Cases ReferredSubba Chariar v. Muthuveeram Pillai
Excerpt:
execution - decree passed before the new civil procedure code--application for order absolute for sale, whether valid--application dismissed for statistical purposes can be revived. - .....been passed before the new civil procedure code came into force.2. we agree with the lower courts that the application of 1909 was dismissed only for statistical purposes. an application in execution so dismissed in 1910 for statistical purposes can be revived within three years of such dismissal. subba chariar v. muthuveeram pillai 14 ind. cas. 264 : 24 m.l.j. 545. the present application of december 1912 was, in our opinion, rightly treated as one for continuation of the proceedings in the old application of 1909 and hence no question of limitation arises.3. the appeal is dismissed with costs.
Judgment:

1. Following the decision Krishna Bar v. Srimati Ranamoyi Debi 29 Ind. Cas. 120, we hold that the application of 30th October 1909 for an order absolute for sale was a valid application in execution proceedings, as the mortgage decree had been passed before the new Civil Procedure Code came into force.

2. We agree with the lower Courts that the application of 1909 was dismissed only for statistical purposes. An application in execution so dismissed in 1910 for statistical purposes can be revived within three years of such dismissal. Subba Chariar v. Muthuveeram Pillai 14 Ind. Cas. 264 : 24 M.L.J. 545. The present application of December 1912 was, in our opinion, rightly treated as one for continuation of the proceedings in the old application of 1909 and hence no question of limitation arises.

3. The appeal is dismissed with costs.


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