JOSEPH Vs. KANAKAM

JUDGEMENT

(1.) THE decree in question is a simple money decree passed in favour of a partnership firm by name M/s. Sreyas Financiers represented by its then Managing Partner Mr. M. K. Divakaran Nair who is no more. THE revision petitioner is the present Managing Partner of the said firm. Execution proceedings were initiated only after the demise of Sri. M. K. Divakaran Nair.

(2.) THE judgment-debtors-respondents entered appearance and filed objections to the notice under R. 66 of O. XXI CPC. THE objections were filed more than 2 years after they entered appearance. In the objections they took up a contention that on 10. 8. 1995 the original judgment-debtor, whose legal representatives the additional judgment-debtors are, had paid a sum of rs. 75,000/- to Sri. M. K. Divakaran Nair. Along with the objections, they produced a photostat copy of an agreement (referred to hereinafter as Ext. B1)which evidences the payment of Rs. 75,000/ -. On the basis of Ext. B1, it was prayed by them through the objections that credit should be given to the amount mentioned in Ext. B1 against the decree-debt.

(3.) HEARD Adv. Sri. Tom K. Thomas representing M/s. Dandapani Associates for the revision petitioner. The case for the respondents was argued in part by Adv. Sri. A. S. P. Kurup and then by Adv. Sri. Sadchith P. Kurup. Copies of the relevant papers pertaining to the execution proceedings were supplied to me by the counsel and I have perused them.