LAWS(MAD)-2003-10-167

KALIMUTHU Vs. KANDASAMY GOUNDER

Decided On October 29, 2003
KALIMUTHU Appellant
V/S
KANDASAMY GOUNDER Respondents

JUDGEMENT

(1.) The above civil revision petition has been filed under Section 115 of the Code of Civil Procedure praying to set aside the fair and decretal order dated 6.7.2000 made in E.P.No.110 of 1998 in O.S.No.992 of 1996 by the Court of I Additional District Munsif, Dindigul.

(2.) Tracing the history of the above civil revision petition coming to be filed by the petitioner, it comes to be known that the petitioner is the assignee of the decree by the decree holder as per the assignment dated 19.1.1998 and the decree assigned was an ex-parte one dated 20.2.1997.

(3.) It further comes to be known from the arguments of the learned counsel appearing on behalf of the petitioner that based on the said assignment, the petitioner, assignee of the decree, has filed the E.P.No.110 of 1998 under Order 21 Rule 16 and 66 praying to recognise the petitioner as a decree holder and permit him to sell the suit property and since the said petition was dismissed by the Court below, the petitioner has come forward to file the above civil revision petition.