LAWS(KAR)-2002-4-50

A. MUNISWAMY AND ANOTHER Vs. SMT. SELVI

Decided On April 12, 2002
A. Muniswamy And Another Appellant
V/S
Smt. Selvi Respondents

JUDGEMENT

(1.) THIS revision petition is filed by the revision petitioners/judgment debtors 1 and 2 against the decree holder challenging the orders dated 30.11.2001 on a memo filed by the judgment debtor dated 19.10.2001 in Ex. Case No. 247/99.

(2.) THE facts that led to the filing of this revision petition in brief are as under : The respondent herein had filed O.S. No. 7905/95 against the revision petitioners for recovery of Rs. 3,00,000/ - and odd with interest. The said suit ended in a compromise as the compromise petition came to be filed on 10.11.1998. On the very same day the suit was decreed with consent of both the parties. Subsequently, the present execution petition 247/99 came to be filed for recovery of the amount.

(3.) ONE of the important applications that came to be filed by the judgment debtor was an application under Section 47. In the said application they have specifically taken a pleading that fraud was played on the revision petitioners in obtaining the decree. The revision petitioner/judgment debtors filed a memo on 19.10.2001 seeking the permission of the Court for recording evidence on the allegations of fraud played on them. Said memo came to be rejected on 30.11.2001. Aggrieved by the said order this revision petition came to be filed by the revision petitioners.