D V ATHISAYARAJ Vs. TIRUNELVELI DIOCESE TRUST ASSOCIATION

JUDGEMENT

(1.) THE revision petitioner is the judgment debtor, who failed in his attempt to resist the petition filed by the decree holder/respondent to amend the E.P. successfully.

(2.) THE factual matrix, which are necessary for the disposal of the CRP are as hereunder.

(3.) THE revision petitioner filed counter, dated 10.04.2004 before the Executing Court on 15.04.2004, wherein he has averred that the E.P.No.27 of 1995 was dismissed by this Court without specifying whether the attachment continues or ceases or upto which period the attachment continues or the date on which the attachment ceases and therefore, under Order 21 Rule 57(2) of the Code, the attachment shall be deemed to have ceased. Thus stating, the E.P. was opposed, that the petition filed without following the provisions of law in respect of attachment of the property is not maintainable and the same should be dismissed in limine. Despite objection, forthwith, no application was filed by the decree holder for amending the E.P., seeking for attachment as contemplated under Order 21 Rule 54 of the Code. But belatedly, on 29.06.2004, E.A.No.803 of 2004 was filed to include the prayer for attachment in the relief column, which was opposed by the revision petitioner/judgment debtor.