MANICKAM Vs. BALARAMAN (DIED); VALLIAMMAL; MAYAKRISHNAN; SAROJA; JANAKI; CHANDRA; VAITHYANATHA PILLAI; B THILAGAVATHY; B GANESAMURTHY; B KRISHNASAMY; B VASANTHI

JUDGEMENT

(1.) Challenging the order passed by the Additional Sub Court, Pondicherry, in unnumbered E.A.No.----/2004 in E.P.No.21 of 2004 in O.S.No.335 of 1981, the revision petitioner, who is a third party to the proceedings, has filed the above Civil Revision Petition.

(2.) Pursuant to the decree for specific performance granted in O.S.No.335 of 1981, the decree holder filed an Execution Petition in E.P.No.21 of 2004. The Execution Court, by its order dated 6.9.2004, terminated the Execution Petition recording the delivery. Thereafter, the revision petitioner, who is a third party to the proceedings, filed an unnumbered application in E.A.No.----/2004 under section 47 of the Civil Procedure Code and the said application was returned by the Executing Court stating that the delivery was effected on 09.08.2004, hence, the petition cannot be entertained after delivery.

(3.) Admittedly, the petitioner is the third party. Therefore, provisions of section 47 of the Civil Procedure Code are not applicable to the petitioner. The provisions of section 47 of the Civil Procedure Code are applicable only to the party to the suit and not to a third party.