Panchapakesa Ayyar, J. - (1.)This is an appeal by the decree-holder in O. S. No. 781 of 1933, District Munsif Court, Nellore, against the order of the District Judge, Nellore, dated 7th October 1947, in A. S. 111 of 1947 on his file, setting aside the Kavali District Munsif's order, dated 13th December 1946, in E. P. No. 48 of 1946, in O. S. No. 781 of 1933, and dismissing the execution petition as barred by limitation, as the order of the District Munsif, Nellore, dated 27th January 1936, in EX. P. 5 (a), directing simultaneous execution in his Court as well as the District Munsif Court, Kavali, had been passed without notice to the judgment-debtors and was illegal and would not serve as a step-in aid of execution and save limitation regarding the subsequent execution petitions, including E. P. No. 48 of 1946, under the rulings in Gurudas Adbya v. Jnanendra Narain, A. I. R. (22) 1935 Cal. 268 : (156 I. C. 522) and Lakshman Hari Kanhere v. V. G. Virkar, A. I. R. (26) 1939 Bom. 258 : (183 I. C. 333).
(2.)I have perused the entire records, and heard elaborate arguments on both sides, as there is no direct decision of this Court on the legal point involved, where the lower Courts have given contradictory decisions.
(3.)The facts were briefly these. The appellant had, on 24th January 1934, got a decree for Rs. 2640-8-0, on a letter executed by defendant 1 against both the defendants, together with costs of Rs. 338-3-0. As usual, his task began only with the decree. In spite of some twelve execution petitions, and the lapse of nearly 16 years, the appellant decree-holder has admittedly, not recovered a pie. He filed E. P. No. 530 of 1934 (EX. P. 1) in the Nellore District Munsif Court on 6th April 1934 for the arrest of defendant 2. He was not found for arrest, and the execution petition was dismissed on 6th July 1934. E. P. No. 177 of 1935 (EX. P. 2) was filed on 26th January 1935, in the District Munsif Court, Nellore, for transmitting the decree in the District Munsif Court, Kavali, for execution. The order for transmission was passed on 1st February 1935. Execution Petition No. 204 of 1935 on the file of the District Munsif, Kavali, was filed on 9th May 1935 for attachment and sale of defendant 2's immovable properties. The immovable properties of defendant 2 were attached, but the execution petition was not pressed, and it was dismissed on 3rd August 1936. Execution Petition No. 357 of 1935 on the file of the District Munsif Court, Kavali, was filed on 25th July 1935 for the attachment and sale of defendant 1's immovable properties. The immovable properties were attached and brought to sale on 17th February 1936. As there were no bids, the execution petition was struck off on 20th February 1936. Meanwhile, on 24th January 1936, the decree-holder filed E. P. No. 147 of 1936 (Ex. P. 5) in the Nellore District Munsif Court praying for the attachment by prohibitory order, of the produce realised by the Receiver in O. S. No. 898 of 1929 on the file of the District Munsif Court, Gudur. Along with this execution petition, he filed also a petition E. P. No. 145 of 1936 (Ex. P. 5) (a) for executing the decree simultaneously in the District Munsif Court, Nellore, and in the District Munsif Court, Kavali. Simultaneous execution was "permitted" by the District Munsif, Nellore, on 27th January 1936 in EX. P. 5 (a) without issuing any notice to the judgment-debtor. But E. P. No. 147 of 1936, District Munsif Court, Nellore, came to nothing, and that execution petition was dismissed on 4th February 1936. Thereafter, of course, the decreeholder filed, execution petitions in both the Courts, as he bad been allowed to execute his decree simultaneously in both the Courts. He filed E. P. No. 82 of 1939 on the file of the District Munsif Court, Nellore (EX. P. 6) on 30th January 1939, for attachment and sale of the movables of both the judgment-debtors. That execution petition was dismissed on 14th March 1939 for non-payment of batta. The decree-holder filed E. P. No. 91 of 1939 on the file of the District Munsif Court, Kavali, on 16th February 1939, for the attachment and sale of defendant 1's movables. It was dismissed on 13th March 1939 for non-payment of batta. The decree-holder then filed an unnumbered execution petition (EX. P. 3) on 18th February 1912 in the Nellore District Munsif Court for the attachment of the movables of the defendants. The Nellore District Munsif asked him for a non-satisfaction certificate from the District Munsif Court, Kavali, before proceeding with this execution petition. So, the decree-holder filed E. A. No. 884 of 1942 in the District Mansif Court, Kavali, for retransmitting the decree to the Nellore District Munsif Court with a certificate of non-satisfaction. On 29th September 1942, the District Munsif, Kavali, issued a certificate of non-satisfaction and re-transmitted the decree to the District Munsif Court, Nellore, even though E. A. No. 884 of 1942 had been filed more than three years from the last order of the Kavali District Munsif, on 13th March 1939 in E. P. No. 91 of 1939. The unnumbered E. P. of 1942 (Ex. P. 3) in the Nellore District Munsif Court was dismissed as "not pressed" on 26th September 1942, since the non-satisfaction certificate had not been received by then. On 24th September 1945, the decree-holder filed another execution petition (EX. P. 4) in the District Munsif Court, Nellore for the attachment of the movables of the judgment-debtors. That execution petition was dismissed on 23rd April 1946, as "not pressed". On 23rd January 1946, the decree-holder filed a petition E. A. No. 37 of 1946 (EX. P. 7) in the District Munsif Court, Nellore for the transmission of the decree once more to the District Munsif Court, Kavali, and for simultaneous execution. Permission for simultaneous execution was granted, and the decree was again transmitted to the District Munsif Court, Kavali. Thereafter, the decree-holder filed the present execution petition, E. P. No. 48 of 1916, in the District Munsif Court, Kavali, for attachment and sale of the movables of defendant 1 and for the arrest of defendant 1.