SRIPATHI JANAKIRAMAYYA Vs. LIFE INSURANCE CORPORATION OF INDIA SOUTH ZONE

JUDGEMENT

(1.) This is an appeal against the Judgment of the Additional District Judge, East Godavari, directing execution of a decree to proceed. The respondent, the South Indian Co-operative Insurance Society, Ltd., now represented by the Life Insurance Corporation of India, South Zone, United India "Life Buildings, Madras, obtained a decree on the foot of a mortgage executed in their favour on 7th February, 1949, for a sum of Rs. 7,500. This decree was passed under section 51 of the Madras Co-operative Societies Act on 3rd May, 1954, on a reference to the arbitrator by the Registrar. Shortly thereafter, execution was levied before the Deputy Registrar of Co-operative Societies. This was dismissed on 15th September, 1954, for reasons which need not be narrated here. Subsequently an application is alleged to have been filed before the Deputy Registrar for transmis ion of the decree to the District Munsif's Court, Rajahmundry, in Februrary, 1957. Accordingly, the Deputy Registrar transferred it to that Court for execution. In the District Munsif's Court, Rajahmundry, E.P. No. 39 of 1957 was filed. But it was dismissed by the Munsif in the view that the Life Insurance Corporation had no locus standi to execute the decree as there was no assignment of decree. The appeal carried to the District Court, Rajahmundry, against this order was allowed on the ground that it was competent for the Life Insurance"Corporation to execute the decree without an. assignment. In that view, the matter was remitted to the trial Court for adjudication on the question of jurisdiction of that Court to entertain the execution- petition.

(2.) When it came back to the Munsif's Court, the judgment-debtors once again raised the objection as to jurisdiction of that Court. The decree-holder thereupon filed a petition to withdraw the execution petition for being presented in the proper Court. This was not objected to by the appellant and the execution petition was taken return of on 5th July, 1958 and immediately filed in the District Judge's Court.

(3.) It was numbered as E.P. No. 52 of 1958. The petition was resisted on the ground that it was barred by limitation. This was sought to be got over by the decree-holder by relying on the provisions of the Life Insurance (Emergency Provisions) Act, 1956 (IX of 1956). It is not clear whether the decree-holder called in aid Article 182 (5) and section 14 of the Limitation Act, as we do not find any reference to them in the judgment. The Additional District Judge overruled the contention of the judgment-debtors in the view that section 11 of the Life Insurance (Emergency Provisions) Act, 1956, saved the suit from the bar of limitation. In the result, he directed the execution to proceed. It is this order that is now under appeal.