M GOPAL Vs. P THANGADURAI

JUDGEMENT

(1.) (Civil revision petition preferred under Sec. 115 of the Code of Civil Procedure against the order dated 19. 9. 2006 made in REP No. 60/2001 in OS No. 213/98 on the file of the District Munsif Court, Rasipuram. ) An order of dismissal made by the learned District Munsif, Rasipuram, in REP No. 60/2001 seeking attachment and sale of an immovable property pursuant to a decree in O. S. No. 213/98 is challenged by the petitioner/plaintiff.

(2.) THE Court heard the learned Counsel on either side.

(3.) COUNTERING the above contentions, the learned Counsel for the respondents would submit that in the instant case, the settlement deed was executed in 1997 by the first defendant in favour of the wife and children, who are the respondents herein; but, the suit itself was filed in 1998; that the respondents were added as legal representatives of the deceased first defendant, and thus, the property which came to their hands, is their personal property; that it was owned by them from 1997 onwards; that the decree holder can proceed only against the property of the original debtor which came to the hands of the legal representatives, but not so in the instant case; that the property in the hands of the legal representatives is not the property of the debtor, but their property which came to their hands in 1997; that the lower Court was perfectly correct in dismissing the EP, and hence, the order of the lower Court has got to be sustained.