A.MOORTHY Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) THIS memorandum of civil revision is directed against the fair and decretal Order dated 09.09.2005 and made in E.P.No.46 of 2005 in O.S.No.30 of 1990, on the file of the learned District Munsif Court, Harur.

(2.) IT is manifested from the records that the respondent Bank had filed the suit in O.S.No.30 of 1990 against the revision petitioner for recovery of a sum of Rs.46,139.35. A decree was passed in that suit on 20.02.1992. On the strength of the decree, the respondent Bank has filed an execution petition in E.P.No.246 of 1996. Subsequently, the execution petition in E.P.No.246 of 1996 was closed on 16.09.1997 and thereafter the present execution petition in E.P.No.46 of 2005 was filed on 14.02.2005 after the expiry of the statutory period of 12 years.

(3.) THE learned counsel has contended further that the execution petition should have been taken out on or before 19.02.2004. But, it was filed only on 14.02.2005, which is beyond the prescribed period of 12 years.