M SAMPATHRAJ BOTHRA NAME AMENDED AS PER ORDER IN E A NO 278 OF 1987 DATED 28 1 1987 Vs. THIRUVENGADAM

JUDGEMENT

(1.) THIS civil revision petition is directed against the order passed E.A.No.278 of 1987 in E.P.No.2090 of 1985 in O.S.No.9388 of 1976 on the file of X Judge, City Civil Court, Madras.

(2.) SHORT facts are: The respondent has obtained a money decree against S.R.Jain in O.S.No.9388 of 1976. To realise the decree debt, he levied execution in E.P.No.2090of 1985 praying for arrest. The respondent filed E.A.No.278 of 1987 praying for an order to amend column No.11 in the Execution Petition by adding alias Sampathraj Bothra after S.R.Jain. Without ordering notice to the judgment-debtor, the court below had allowed the petition. Aggrieved by that order, M.Sampathraj Bothra has filed this revision petition.

(3.) I have carefully considered the submissions made by the learned counsel for the revision petitioner. The order passed by the court below without giving notice to the judgment-debtor is clearly erroneous. If the name of the judgment-debtor is to be amended, the application must be filed for amendment of decree alleging that he has got another name and that loo after issuing notice to the judgment-debtor and after hearing him. Taking that view of the matter, 1 do not propose to go further to find out whether the defendant in the suit viz. S.R.Jain and M.Sampathraj Bothra in whose name this civil revision petition is filed is one and the same person or different person in this revision since that is not necessary. For the infirmities which I have pointed out, the order passed in E.A.No.278 of 1987 is liable to be set aside.