LATHISLAL Vs. LAWARANCE YESUDHASAN

JUDGEMENT

(1.) 1. Civil Revision Petition No.444 of 2005 is directed against the order of the learned Principal Subordinate Judge, Tirunelveli dated 11.10.2004 made in E.P. No.387 of 2003 in O.S. No.317 of 2000. Civil Revision Petition No.460 of 2005 is directed against the order of the learned Principal Subordinate Judge, Tirunelveli dated 8.10.2004 made in E.A.SR. No.19634 of 2004 in E.P. No.387 of 2003 in O.S. No.317 of 2000.

(2.) THE short facts necessary for the disposal of the above Civil Revision Petitions are as follows: THE respondent herein has filed the Suit against the petitioner in O.S. No.317 of 2000 on the file of the Principal Subordinate Judge, Tirunelveli for recovery of a sum of Rs.5,25,000/- on the strength of two cheques, one for Rs.2,25,000/- dated 17.12.1999 and another for Rs.3,00,000/- dated 17.12.1999. THE case of the respondent as put forth by him in the said Suit was that when the two cheques were presented for collection, the same were dishonoured and hence, the said Suit has been filed for recovery of the said, amount. Along with the said Suit, an Application in I.A. No.770 of 2000 has been filed for interim attachment before judgment under Order 38, Rule 5, C.P.C. Originally, an interim order of attachment was granted on 8.12.2000 and later the Suit was decreed ex parte on 7.11.2002. THE respondent herein has filed E.P. No.387 of 2003 for bringing the properties for sale on the strength of the order of attachment referred to above. THE respondent has filed an Application in E.A. No. 698 of 2004 for permission to bid in the auction and he was the successful bidder in the auction which was conducted on 6.8.2004. THEreafter, the petitioner has filed an Application under Order 21, Rule 90, C.P.C., to set aside the same. THE said Application in E.A.SR. No.19634 of 2004 was filed on 6.10.2004 and the same has been returned for compliance on 8.10.2004 giving one week time. THEreafter, on 11.10.2004, the sale has been confirmed in favour of the respondent. Challenging the order dated 11.10.2004 passed in E.P. No.387 of 2003, C.R.P. No.444 of 2005 has been filed by the judgment-debtor. Challenging the order made in E.A.SR. No.19634 of 2004 dated 8.10.2004, the judgment-debtor has filed C.R.P. No.460 of 2005.

(3.) I have heard Mr. N. Kannan, the learned counsel appearing for the petitioner and Mr. M. Vallinayagam, the learned counsel appearing for the respondent in both the Revisions.