MURUGAN ALIAS MURAHARI Vs. NANDHAN

JUDGEMENT

(1.) The Judgment-debtor in O.S. No. 133 of 2007 on the file of the learned District Munsif, Dhrmapuri faced an Execution proceedings in the said Court in E.P. No. 62 of 2012 for his arrest and detention in Civil prison. He pleaded his inability to raise the funds to satisfy the Decree and prayed for an Order permitting him to pay the decree amount in installments. The Executing Court passed an Order holding that the Judgment-debtor was having means to pay the Decree amount and directed his arrest by 3.1.2014. The said Order was challenged by the Judgment-debtor by filing a Revision before this Court in C.R.P. (NPD) No. 4848 of 2013. The said Civil Revision Petition was moved as an emergent matter during Christmas vacation before the Hon'ble Vacation Judge and the following Order came to be passed:

(2.) This Court is satisfied with the tenability of the above said contention made by the learned Counsel for the Petitioner. As rightly contended by the learned Counsel for the Petitioner, when a Common Order is sought to be passed in the main case and the Miscellaneous Petition or even when a separate Order issuing Notice to the other party before admission is sought to be passed, such an Order either admitting or directing Notice before admission cannot be made conditional. If an Interim Order is granted imposing a condition for the enjoyment of such an Order with a further direction that the Miscellaneous Petition seeking such Interim Order would stand dismissed on default of compliance with condition, such an order shall be perfectly valid and on the other hand, the admission or dismissal of the main case cannot be made dependent on fulfillment of such a condition imposed for the grant of the Interim Order. In this regard, as rightly contended by the learned Counsel for the Petitioner, there is an error apparent on the face of the record. The error is that while intending to direct dismissal of the Miscellaneous Petition, by inadvertence, it has been directed that the Civil Revision Petition itself will stand dismissed on the failure to comply with the condition. Such a mistake that crept-in because of the inadvertence is correctable by this Court as an error apparent on the face of the record. Accordingly, the Order is clarified as follows: