HARSHAD DOSHI Vs. DURAISWAMY

JUDGEMENT

(1.) THIS civil revision petition is filed under Art. 227 of the constitution of India against an order passed in E. P. No. 2822 of 1991 in MACTOP no. 310 of 1990 dated 6. 8. 1992 on the file of X Assistant Judge, City Civil Court , Madras .

(2.) CERTAIN facts are necessary to decide whether his revision petition filed under Art. 227 of the Constitution has to be entertained. The respondent was a victim of a road accident at Kathipara junction, St. Thomas Mount, Madras . The hit was by the petitioner's car and the accident took place on 2. 5. 1985 and it was a case of hit and run. The respondent seems to have suffered head injury and the cycle on which he rode. On 28. 9. 1988, a first information report was sent to the Inspector of Police, St. Thoma s Mount about the accident by the respondent. On 27. 2. 1989, nearly after four years, the police registered a case in Crime No. 169 of 1989 against the petitioner herein on the directions of I. G. of Police, Madras after protracted correspondence with the Madras Legal Aid and Advisory Board. The respondent herein filed MCOP. (SR) 1156 of 1990, before the District Judge, Chingleput to condone the delay of 1576 days. The said delay of 1576 days had been excused in I. A. No. 371 of 1990. After undergoing treatment as in-patient for two months the respondent continued the treatment as out-patient later. The petitioner herein was called absent and set exparte and the petition was allowed by the District Judge. The respondent herein filed Crl . . M. P. No. 3897 of 1990 under sec. 482, Cr l. P. C. for directions to the St. Thomas Mount Police Inspector to investigate and submita report. On 26. 3. 1990, Arunachalam , J. passed orders in the said petition for speedy investigation with direction to furnish all necessary details to file a claim petition. An ex parte Award was passed for Rs. 7 5 ,000 on 15. 4. 1991. E. A. No. 413 of 1991 was filed by the respondent to transmit the award to the City Civil Court , Madras undero. 21, Rule 5, C. P. C. It was ordered. On 9. 10. 1991, e. P. No. 2822 of 1991 was filed for attachment of the moveables of the petitioner herein and notice was served on the petitioner on 23,10. 1991, order of attachment was passed by the City Civil Court, Madras, on 6. 8. 1922 and this order is impugned in this revision petition. Thereafter the petitioner filed E. A. No. 4168 of 1992 for stay of the order dated 6. 8. 1992 and stay for two weeks and notice ordered therein. On 28. 8. 1992, stay was not extended and notice as last chance as 9. 9. 1992 was ordered. At this stage, the petitioner filed a petition to excuse the delay of 522 days in I. A. No. 711 of 1992 before Sub Cour t ,Poonamal -lee and to set aside the ex parte award dated 15. 4. 1991. On 21. 9. 1992, E. A. No. 4168 of 1992 was closed in the City Civil Court , Madras . On 30. 9. 1992, the petitioner made payment to the bailiff under protest, and as such no attachment was effected. Payment out application was made by the respondent herein, in E. A. No. 288 of 1992 on 20. 10. 1992. On 18. 1. 1993, Sub Cour t , Poonamallee dismissed I. A. No. 711 of 1992, which is filed to condone the delay to file an application and to set aside the ex parte award dated 15. 4. 1991. When the payment out application was posted for orders on 83. 1993, the petitioner has come up before this Court with this civil revision petition challenging the order dated 6. 8. 1992, the order of attachment.