C HAMSA KOYA Vs. SAKTHI AUTOMOBILES PRIVATE LIMITED

JUDGEMENT

(1.) THIS revision petition is directed against the order of the executing court dismissing the execution petition filed by the petitioner herein on the ground that the bailiff had resubmitted the warrant with an endorsement that there is no such concern as Sakthi Automobiles P. Ltd. in the address given.

(2.) THE petitioner obtained a decree on April 23, 1981, in O. S. No. 8 of 1980, Sub-Court, Kavarathi, Laccadives Island. THE execution petition was filed in the City Civil Court, Madras, as the company address was given as No. 67, Village Road, Nungambakkam, Madras. THE amount sought to be recovered in the execution petition is Rs. 6, 872.75. THE relief is prayed for under Order 21, rule 41, Civil Procedure Code, to orally examine the director of the company for means of satisfying the decree and also to make an affidavit stating the particulars of the assets of the company. As the notice in the execution petition could not be served because of the endorsement made by the bailiff that there was no such company in the address given by the petitioner herein, the execution petition was dismissed. It is this order that is challenged in this civil revision petition. Pending the revision, the petitioner filed C. M. P. Nos. 5242 of 1987 and 5243 of 1987. THE latter is for impleading the Registrar of Companies as a party to the revision petition.