K JAISHANKAR Vs. MARGARADARASI CHITS P LTD

JUDGEMENT

(1.) Animadverting upon the order dated 11.01.2010 passed in E.P.No.1401 of 2009 in A.R.C.No.1237 of 2008 by the IX Asst. Judge City Civil Court, Chennai, this civil revision petition is focussed.

(2.) Despite printing the name of the learned counsel for the revision petitioner earlier on several occasions, there was no representation. Even though the matter has been listed under the 'Dismissal' caption, yet there is no response. Heard the learned counsel for the respondent who would submit that absolutely there is no merit in this revision.

(3.) The germane facts for the disposal of this revision would run thus: The respondent herein obtained an award in ARC No.1237 of 2008 from the Chit Registrar concerned as against the revision petitioner herein and by way of executing the said Award, E.P.No.1401 of 2009 was filed for the purpose of attaching the immovable property and selling in the process of recovering the award amount. The revision petitioner herein, entered appearance and filed counter as though the award passed was an ex parte one and that owing to his financial crunch, he could not discharge the debt fully even though he paid partly. However, the lower Court ultimately ordered attachment of the immovable property.