D LOGANATHAN Vs. VENKATACHALAPATHY METAL WORKS

JUDGEMENT

(1.) THE revision petitioner is the assignee Decree-Holder and the revision is directed against the dismissal of R. E. A. No. 114 of 1999 in Sub Court, Salem O. S. No. 139 of 1976, on the file of the Sub Court, namakkal as per order dated 25-10-2000.

(2.) THE petition R. E. A. No. 114 of 1999 was filed to recognise the petitioner as assignee of the decree in the above suit and transfer the decree to the Sub Court, Sankari under Section 39 and Order 21 Rule 16, c. P. C.

(3.) THE petition is filed as follows :- The sub Court, Salem passed preliminary decree on 28-11-1978 in O. S. No. 139 of 1976, as per which the suit in respect of the 'a' schedule immovable property and the claim against the second defendant and also passing personal decree against the defendants 1 and 2 to 5 was dismissed. In the appeal filed by the plaintiff, this Court modified the decree of the trial Court in A. S. No. 402 of 1982 dated 26-6-1992 as to one of mortgage decree in respect of 'a' and 'd' schedules. The suit as well Appeal in this Court were filed by the Indian Bank, Sevapet branch, Salem-2, who assigned the decree in favour of the revision petitioner, who is the son of the second defendant, N. Dureisami and after such assignment, the revision petitioner filed the said application for transfer of the decree to Sub Court, sankari so as to take out execution proceedings personally against the third defendant/ third judgment-debtor.