IRUTHAYASAMY Vs. JANAKAMMAL

JUDGEMENT

(1.) THIS revision is directed against the order passed in E.P.No.636 of 1991 in O.S.No.365 of 1987 attaching the salary of the revision petitioner herein in execution of the decree in O.S.No.365 of 1987.

(2.) LEARNED counsel for the revision petitioner would submit that the decree passed in O.S.No.365 of 1987 is an ex parte decree, that the revision petitioner who is the defendant in the court below has already filed a petition to set aside the ex parte decree and has also filed a petition for condoning the delay in filing the petition and a conditional order was passed, but due to the reasons which according to him was valid, the cost was not paid within time and so the petition was dismissed and now again he has filed a petition for restoring the same and the petition is pending enquiry before the court below and in the circumstances, attachment granted by the court below in this E.P. is not correct.