JAMUNA Vs. KARMEGAM

JUDGEMENT

(1.) This Civil Revision Petition is filed as against an order of dismissal dated 29.6.2009 passed in unnumbered E.A.S.R. No. 13212 of 2008 filed by the petitioner under Section 47 read with Section 151 of the Code of Civil Procedure (for brevity, "the CPC") seeking for dismissal of the execution petition as not maintainable. Heard Mr. G. Vijayakumar, learned counsel for the petitioner and Mr. B. Vijay, learned counsel for the respondent.

(2.) 1. The petitioner herein is the judgment-debtor in a suit for compensation on the file of the Sub Court, Poonamallee in O.S. No. 208 of 1998 filed by the respondent herein. The suit came to be decreed ex parte on 10.2.2000. Thereafter, the respondent herein filed E.P. No. 40 of 2004 before the District Munsif Court, Alandur seeking for execution of the decree passed in O.S. No. 208 of 1998. In the said execution petition, notice was ordered to the petitioner. He has also entered appearance by filing vakalat through his counsel. The said execution petition was filed on 9.7.2004 and the petitioner entered appearance through his counsel on 28.9.2004. When the matter was called on 12.12.2005, the petitioner did not appear and consequently, he was set ex parte on the said day for non filing of counter. On the same day, an order of attachment was also passed.

(3.) The learned counsel for the petitioner submitted that the petitioner is entitled to maintain an application under Section 47 of the CPC before the Executing Court and, therefore, the order of the Court below in rejecting the said application is not correct.