P RAMA IYER Vs. V RAMASWAMI NAIDU

JUDGEMENT

(1.) THIS civil revision petition is directed against the order passed in E.A.No.5 of 1986 in O.S.No.32 of 1961 on the file of the Assistant Judge, City Civil Court, Madras.

(2.) SHORT facts are: The revision petitioner had obtained a money decree against the respondent. He filed an execution petition to realise the decree debt. That was returned. After return the execution petition was represented altera delay of three years and seven months with a petition in E.A.No.5 of 1986 for condoning the delay, that was resisted by the respondent. After enquiry, the court below has dismissed the petition praying for condoning the delay. Aggrieved by that order, the petitioner in the court below has come forward with this revision petition.

(3.) PER contra, learned counsel for the respondent would submit that every day's delay ought to be explained, that valuable right had accrued to the respondent and that cannot be disturbed by vague allegations and that on the materials placed before the court below, the order of the court below is correct.