DHORAISAMI ERODE DISTRICT Vs. L KANNAMMAL ERODE DISTRICT

JUDGEMENT

(1.) CHALLENGING the order dated 27. 06. 2006 passed by District munsif, Gobichettipalayam in E. A. No. 181 of 2005, allowing Application under o. 13 R. 10 C. P. C, Plaintiff in O. S. No. 129 of 1998 has preferred this Revision.

(2.) RELEVANT facts for disposal of this Revision are as follows:- Petitioner / Plaintiff has filed O. S. No. 129 of 1998 on the file of sub-Court, Gobichettipalayam against the Second Respondent for recovery of a sum of Rs. 35,000/- based on Promissory Note dated 02. 07. 1996. The said suit was decreed exparte. In the said Suit, in I. A. No. 310 of 1998, Attachment Before judgment was ordered. To recover the suit amount, the Petitioner / Plaintiff has filed Execution Petition before Sub-Court, Gobichettipalayam and the same was transferred to DMC, Gobichettipalayam.

(3.) SUBMITTING that sale in favour of First Respondent is prior to ABJ in I. A. No. 310 of 1998, learned counsel for First Respondent has submitted that the summoned documents are very much relevant to substantiate the claim of the First Respondent. Admittedly, First Respondent has purchased the property from Second Respondent for a consideration of Rs. 1,12,000/- and the sale is stated to be prior to ABJ. To substantiate her contention in the claim Petition, the First Respondent has called for (i) Suit Promissory Note in o. S. No. 129 of 1998; (ii) Affidavit, Petition and Order and other relevant documents in I. A. No. 310 of 1998; and (iii) Affidavit, Petition and Order and other relevant documents in I. A. No. 472 of 1998. Learned counsel for the First respondent has submitted that there is material evidence to be produced from the Records in the said Interlocutory Applications regarding Attachment Before judgment.