VADLAMANNETI DAMODARA RAO Vs. THE OFFICIAL RECEIVER, KISTNA AND ANR.

JUDGEMENT

(1.) THE question in this appeal is whether a decree obtained by the respondent has become barred by the law of limitation.

(2.) ON the 21st September, 1932, the respondent obtained a decree against the appellants and their father for the payment of Rs. 2,832 -12 -0 with interest and costs. On the 22nd January, 1935, the respondent filed an application for execution in the Court of the District Judge of Kistna. This was numbered as Execution Petition No. 26 of 1935. Another creditor of the defendants had obtained a decree against them in Original Suit No. 5 of 1931 and had already applied for execution by the attachment and sale of the properties of the judgment -debtors. This application was numbered as Execution Petition No. 172 of 1932. The object of the respondent in filing Execution Petition No. 26 of 1935 was to obtain rateable distribution of the properties already attached by the decree -holder in O.S. No. 5 of 1931. He asked for an order for attachment, but added a prayer for rateable distribution. Some of the attached properties were sold in Execution Petition No. 172 of 1932 and the respondent obtained his share of the proceeds. The attachment continued in respect of the unsold properties.

(3.) ON the 22nd December, 1942, the respondent filed another application for execution. As over six years had elapsed since the District Judge " closed " the respondent's first application, it was said that the new application was barred by limitation. The District Judge accepted this plea and dismissed the application. The respondent appealed to this Court and the appeal was heard by Chandrasekhara Aiyar, J. The learned Judge remanded the case to the District Court with the direction that there should be an inquiry as to whether the properties covered by the petition of the 22nd December, 1942, were the same as the properties covered by the previous petition. He indicated that in the event of the properties proving to be the same the execution Court should hold the later application to be within time. The appeal is from the learned Judge's judgment.