M RANGASAMY Vs. R C RAMASAMY

JUDGEMENT

(1.) THIS Civil Revision Petition is filed under Section 115 of Civil Procedure Code against the Order and decretal order of the learned subordinate Judge, Namakkal, in C. M. A. No. 16 of 2005 dated 14. 09. 2005, confirming the Order and Decretal Order of the learned District Munsif, rasipuram, in R. E. A. No. 178 of 2004 in R. E. P. No. 243 of 1995 in O. S. No. 176 of 1983 dated 23. 06. 2005.

(2.) HEARD the learned counsel for the petitioner as well as the respondents.

(3.) ON the contrary, the case of the respondents is that the first respondent herein had filed the suit in O. S. No. 176 of 1983 for recovery of money as against the petitioner and that the suit was decreed as early as 18. 04. 1984. He further states that the petitioner herein having suffered a decree, had failed to pay the decree amount, which necessitated the first respondent / decree holder to file the petition to execute the said decree. Accordingly, on 28. 07. 1995, he had filed R. E. P. No. 243 of 1995 to attach and to bring the property of the Judgment debtor for sale by court auction to realise the decree amount. He further states that the petitioner having received the notice, had failed to file counter the statement in R. E. P. No. 243 of 1995 and hence, he was called absent and set exparte on 31. 01. 1996. Thereafter, the properties were attached on 06. 03. 1996.