R C MUNIAPPAN Vs. D KRISHNA PILLAI

JUDGEMENT

(1.) THERE is no merit in this Civil Revision Petition besides it being infructuous. It is against an order passed in I.A. No. 39 of 1983, which was an application under Order 8-A of the Code of Civil Procedure filed by the petitioner herein.

(2.) THE first respondent herein filed a suit O.S. No. 405 of 1979 on the file of the Sub Court, Krishnagiri for recovery of Rs. 28,711/- with subsequent interest and costs due on a promissory note dated 24.1.1975 admittedly executed by the petitioner herein for a sum of Rs. 21,000/-. THE petitioner had paid a sum of Rs. 200/- on 18.1.1978 and made an endorsement on the promissory note acknowledging the debt. THE first respondent alleged that the petitioner did not pay the amount in spite of repeated demands and filed the suit.

(3.) THERE is no substance in the argument of learned counsel. In the first place, the records do not show that any objection was raised on behalf of the petitioner to the hearing of the application along with the trial of the suit. Nor was it contended before me that such an objection was raised in the court below. The petitioner having acquiesced in the procedure followed by the trial court, it is not open to him to contend in the revision petition that the procedure was erroneous.