E MUNISWAMAPPA Vs. S KANYAKUMARI

JUDGEMENT

(1.) 1. Compensation was awarded under the provisions of the Motor Vehicles Act, in favour of the claimants, towards the injuries suffered in an accident caused by a lorry, owned by one Pitambaraswamy. The amounts awarded were in excess of the liability of the insurance Company. Hence, the claimants took out execution against Pitambaraswamy towards the balance; in this, his immovable properties were attached.

(2.) The petitioner in these revision petitions is the father of Pitambaraswamy. Petitioner filed the applications under Order 21 rule 58 of the Code of Civil Procedure to recall the order of attachment, claiming the properties to be his absolute properties, asserting that his son had no means to acquire the properties. The Motor Accident Claims Tribunal to which the execution case had been transferred, negatived the claim of the petitioner; consequently, the applications were rejected, after considering the respective evidence adduced by the parties. Hence these revision petitions.

(3.) The short question is, whether these revision petitions are maintainable, in view of Order 21 r.58(4) of the Code of Civil Procedure?