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Srinivasa Sastri Vs. Jagathguru Sri Sankarachariar Swamigal at Kumbakonam Represented by K.S. Venkatarama Ayyar and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Reported in(1957)2MLJ144
AppellantSrinivasa Sastri
RespondentJagathguru Sri Sankarachariar Swamigal at Kumbakonam Represented by K.S. Venkatarama Ayyar and anr.
Cases Referred and Arunachalam Iyer v. Lingiah
Excerpt:
- .....raman for the appellant contended that the later ruling of a bench of this court in arunachalam iyer v. lingiah : air1953mad71 sounds a different note and that it would support his case. we do not agree with him. in arunachalam iyer v. lingiah : air1953mad71 the application for execution was filed in the transferee court on the 12th july, 1946, no doubt before the order of transmission was made; but the actual order of transmission was made on 13th july, 1946, within twelve years from the date of the decree. in the present case, however, the order of transfer was made only on 29th october, 1948, after the expiry of twelve years from the date of the decree. we see nothing inconsistent between modali ademma v. venkata subbayya : air1933mad627 and arunachalam iyer v. lingiah :.....
Judgment:

Rajamannar, C.J.

1. The view taken by Raghava Rao, J., in the judgment under appeal is supported by the rulings in Modali Ademma v. Venkata Subbbyya : AIR1933Mad627 and Manikam v. Ramaswami (1944) 2 M.LJ. 403. Mr. Raman for the appellant contended that the later ruling of a Bench of this Court in Arunachalam Iyer v. Lingiah : AIR1953Mad71 sounds a different note and that it would support his case. We do not agree with him. In Arunachalam Iyer v. Lingiah : AIR1953Mad71 the application for execution was filed in the transferee Court on the 12th July, 1946, no doubt before the order of transmission was made; but the actual order of transmission was made on 13th July, 1946, within twelve years from the date of the decree. In the present case, however, the order of transfer was made only on 29th October, 1948, after the expiry of twelve years from the date of the decree. We see nothing inconsistent between Modali Ademma v. Venkata Subbayya : AIR1933Mad627 and Arunachalam Iyer v. Lingiah : AIR1953Mad71 . No authority has been brought to our notice which lays down that even when the order of transmission is passed after the expiry of twelve years, nevertheless an execution petition which happened to be filed within twelve years in the transferee Court but before the order of transfer is made would save the decree-holder from the bar of Section 48 of the Code of Civil Procedure. The appeal is dismissed with costs.


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