S. PARTHIBAN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This revision petition is filed against the order passed in E.P. No. 82 of 2007 in O.S. No. 218 of 2002 dated 07.11.2008 on the file of the Subordinate Court at Pollachi. Heard Mr. D. Krishnakumar, learned counsel for the petitioner. Respondents 2 and 3 were given up and there is no appearance for the 1st respondent.

(2.) The first respondent/decree holder/plaintiff filed E.P. No. 82 of 2007 to execute the decree passed by the trial court on 07.03.2003 and for a direction to deposit a sum of Rs. 73,355/- and also Rs. 7,681/- as cost and if not paid the above said amount, prayed to arrest the respondents 1 to 3 and send to jail.

(3.) The revision petitioner/first respondent in the above said execution petition filed a detailed counter in which he stated that the decree amount has to be paid by all the 3 respondents equally and further the calculation of interest and costs is not correct. It is also averred in the counter that the revision petitioner/first respondent has no means to pay the decree amount. Further in the counter it is stated that since the revision petitioner/first respondent is leaving at Udumalai Taluk, the executing court has no jurisdiction to pass the order of arrest of the first respondent and on that ground also the execution proceedings against the revision petitioner is not maintainable.