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1 - 3 of 3 (0.72 seconds)M.P.P.S.T. Palaniappa Chettiar And ... vs Valliammai Achi on 8 November, 1928
Notice of this application went to both the judgment-debtors and the Master passed an order on 28th September 1938 recognising the appellants as the legal representatives of the deceased decree-holder and giving them leave to continue the execution proceedings therein. We agree with Rajagopaian J. that the reference in this order is to the execution proceedings pending in the District Munsif's Court of Poonamallee against the first defendant. This order can therefore be taken as a Judicial determination of the liability of the first defendant to be proceeded in execution at the instance of the legal representatives in the Court of the District Munsif. Such judicial determination would amount to a revivor, see 'Palaniappa Chettlar v. Valliammal Achi', 52 Mad 590. In the application Le. "No. 313 of 1938' there was no prayer for granting the appellants leave to execute the decree against the second defendant in any manner. There was therefore no judicial determination therein
of the Tight of the appellant's legal representatives to execute the decree against the second judgment-debtor.
The Limitation Act, 1963
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