B GOVINDARAJAN Vs. S MURUGANANDAM DIED

JUDGEMENT

(1.) These two revisions arise out of the order of the Subordinate Judge of Tiruchirapalli in E.A.408 of 1979 in E.P.210 of 1978. The first respondent in the execution application is the revision petitioner in C.R.P.4544 of 1982 while the heirs of the deceased second respondent in the execution application are the revision petitioners in C.R.P.454 of 1982.

(2.) The first respondent in the execution application, who is the revision petitioner in C.R.P.4544 of 1982, filed the suit in S.C.315 of 1975 against the petitioner in E.A.408 of 1979 and the respondents 3 to 6 therein and obtained a decree. In execution of the said decree the house property of the defendant was brought to sale and purchased by the second respondent in E.A.408 of 1979 whose heirs are the revision petitioners in C.R.P.4545 of 1982. Long after the execution sale and delivery of property to the auction purchaser, the first defendant filed this application in E.A.408 of 1979 for declaring the decree in S.C.313 of 1975 null and void and unenforceable. He contended that the defendants were debtors and no decree could have been passed against them on 13th November, 1975 in view of the fact that the Tamil Nadu Act 16 of 1975 was in force. The application was contested, by the plaintiff and the auction purchaser. But, the learned Subordinate Judge accepted the plea of the petitioner and allowed E.A.408 of 1979. Hence these revisions. The petitioner in E.A.408 of 1979 died subsequently and his heirs have also been impleaded in these revisions as respondents.

(3.) The learned Subordinate Judge has allowed the E.A.No.408 of 1979 on the ground that the Tamil Nadu Act 10 of 1975 was a bar to the institution of the suit against the defendants on 13 th November, 1979 and the decree was therefore a nullity. The Tamil Nadu Act 16 of 1975 has nothing to do with any debt or moratorium in filing of suits. It pertains to the amendment of the Electricity Act. The Court below has not even looked into the Act 16 of 1975 and considered to what matter it pertains.