S. GOWTHAMCHAND Vs. R. RAMESH KUMAR

JUDGEMENT

(1.) This is an appeal [numbered as an application] assailing an order dated 22.03.2012, made by the learned Master in A. No. 554 of 2010 in E.P. No. 52 of 2004.

(2.) This application has been filed invoking the provisions of Order 14, Rule 12 of the Code of Civil Procedure, 1908 ['CPC' for brevity]. Considering the nature of the proceedings under Order 14, Rule 12 of Civil Procedure Code and in the light of the Division Bench judgment in Shreya Sripaul's case, this is numbered as an application. This application calls in question the order of the learned Master, wherein and whereby, the learned Master has held that an application under Sec. 47 of Civil Procedure Code filed by one of the Judgment Debtors is maintainable.

(3.) A brief narration of the facts that are necessary for disposal of this application sans unnecessary is considered necessary.