1959 (8) TMI 51 - SC - Indian Laws

Summary

Issues Involved:
1. Whether the application for execution of the decree was made within the time prescribed by the Limitation Act.
2. Whether the execution applications filed by Meenakshi Achi were in accordance with law.
3. The effect of the order annulling the assignment of the decree on the execution applications filed by Meenakshi Achi.
4. The applicability of the Provincial Insolvency Act versus the Presidency-towns Insolvency Act.
5. Whether the Official Receiver could rely on the execution applications filed by Meenakshi Achi to save the bar of limitation.

Detailed Analysis:

1. Timeliness of the Execution Application:
The primary issue was whether the application for execution of the decree was made within the time prescribed by the Limitation Act. According to Article 182 of the Limitation Act, the period for making the application is three years from the date of the final order passed on an application made in accordance with law to the proper court for execution. The court had to determine if the receiver's application was within this time frame.

2. Legality of Meenakshi Achi's Execution Applications:
The appellants contended that Meenakshi Achi's applications for execution were not in accordance with law because the transfer of the decree to her was annulled as a fraudulent preference. However, the court held that until the transfer was annulled, it was valid, and Meenakshi Achi had the legal right to execute the decree. Thus, her applications were in accordance with law when made.

3. Effect of Annulment Order:
The appellants argued that the annulment of the assignment related back to the date of the transfer, rendering Meenakshi Achi's applications incompetent. The court rejected this, stating that the transfer remains valid until annulled. Therefore, Meenakshi Achi had the right to execute the decree until the annulment. The annulment did not retroactively invalidate her applications.

4. Applicability of Insolvency Acts:
The argument was made that the order of adjudication under the Provincial Insolvency Act did not have the same binding force as under the Presidency-towns Insolvency Act. The court discussed the differences between the two acts and concluded that the Provincial Insolvency Act did not automatically annul the transfer upon adjudication. The transfer had to be annulled by a separate court order.

5. Official Receiver's Reliance on Meenakshi Achi's Applications:
The appellants contended that the Official Receiver could not rely on Meenakshi Achi's applications because he did not claim under her but against her. The court found this argument unfounded, stating that Article 182 does not require that the previous application be made by a person under whom the applicant in the later application claims. The article only requires that the application for execution be made within three years of the final order on a previous application made in accordance with law.

Conclusion:
The court dismissed the appeal, holding that the receiver's application for execution was within time, as the previous applications by Meenakshi Achi were made in accordance with law. The court emphasized that the transfer to Meenakshi Achi was valid until annulled and that the annulment did not retroactively invalidate her right to execute the decree. The Official Receiver was entitled to rely on her applications to save the bar of limitation. The appeal was dismissed with costs.