H S DAWOOD SAHIB Vs. SHANMUGAM

JUDGEMENT

(1.) Inveighing the orders dated 09.12.2009 and 23.11.2009 respectively, passed in E.P.No.205 of 2007, E.A.No.206 of 2009 in E.P.No.205 of 2007 in O.S.No.605 of 1992 by the learned District Munsif, Mannargudi, these civil revision petitions are focussed.

(2.) A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of these two revisions would run thus:

(3.) Being aggrieved by and dissatisfied with the same, these two revisions are focussed, one as against the order of dismissal passed in E.A.No.206 of 2009 and another revision as against the order of dismissal of the E.P. by the same Executing Court. The grounds as found set out in these revisions are identical, which could pithily and precisely be stated thus: The Executing Court should not have allowed evidence to be adduced by the judgment debtor touching upon the main issues involved in the suit itself. The judgment debtor has not filed any application under Section 47 of CPC also. Due opportunity was not given to the decree holders to adduce evidence before the Court. The E.A. was dismissed unjustifiably on some flimsy grounds.