ANNAMDEVULA ACHANNA Vs. ANNAMDEVULA VENKATASWAMI
HIGH COURT OF ANDHRA PRADESH
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Chandra Reddy, C.J. -
(1.) The question that calls for decision in this appeal is whether
Order 32, rules 6 and 7, Civil Procedure Code, have any impact on the power of the
manager of a joint Hindu family to give discharge within the purview of section 7
of the Indian Limitation Act (IX of 1908) when the guardian appointed by the
Court is one other than the manager.
(2.) It arises in the following circumstances. A decree was passed by the High
Court, Mauras, in Second Appeal No. 1297 of I946 on nth November, 1949 for
Rs. 2,460-1-4 in favour of defendants 7 and 13 against defendants 2 to 6 in
modification of the decree passed by the Courts below. Execution of this decree was
levied on 8th December, 1952. The execution petition was resisted on the ground
that it was barred by limitation as it was filed beyond three years of the date of the
decree. To get over this difficulty, the decree-holders relied on the fact that the
decree was actually signed by the Deputy Registrar on 10th December, 1949 and
that, in any event, as one of the decree holders happened to be a person of unsound
mind and the mother was appointed as Court guardian, the manager of the family
was not in a position to give discharge within the connotation of section 7 of the
Limitation Act. This defence did not prevail with the executing Court with the
result that the execution petition was dismissed. This was affirmed on appeal by
the District Judge, East Godavari, and in C.M.S.A. No. 60 of 1959 by our learned
brother, Qamar Hassan, J. It is this order of the learned Judge that is brought,
under appeal under clause (15) of the Letters Patent with his leave.
(3.) It is needless to say that the circumstance that the decree was signed by the
Deputy Registrar on 10th December, 1949 does not come to the rescue of the decree-
holders-appellants, as for purpose of computation of limitation, time runs from the date of judgment.;
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