The Municipal Council vs Sundaresan

Burn, J.—The lower Courts are in my opinion right. It is not, in my judgment, permissible for a decree-holder to extend the period of

limitation by simply failing to re-present an execution petition returned for rectification. The proper way to deal with such a petition as that is to

treat it as not having come into existence at all.

In this case the Municipal Council having presented an execution petition oil 15th August, 1929, which was returned for some defect, waited till

14th August, 1932 and, then filed a new execution petition. Allegation was made that the Execution Petition of 1929 had been ""lost"", but there was

no pretence that the Execution Petition of 1932 was a revival or continuation of it. In fact, the Execution Petition of 1932 was not a revival or

continuation of the Execution Petition of 1929 : it was a new petition altogether. Now I do not think that Municipal Councils should be encouraged

to indulge in such dilatoriness and neglect as has been shown by the plaintiff Council in this case. The decree was passed in 1922 and it ought to

have been executed long ago. The first execution: petition was in 1924 and there were properties brought to sale but for some reason, the sale was

not held. The next petition was filed in December, 1927 and that was returned and finally dismissed as ""not pressed"". Then came the petition of

August, 1929, and after that, full three years were allowed to pass, with nothing done. In such circumstances the learned District Munsiff would, in

my opinion, have been liable to grave censure if he had used any discretion, he possessed in favour of the Council.

This appeal is accordingly dismissed. There will be no costs as the respondent does not appear.