LAWS(MAD)-2017-2-35

M.BASKARAN Vs. RAGHAVAN AND ANR.

Decided On February 09, 2017
M.BASKARAN Appellant
V/S
Raghavan And Anr. Respondents

JUDGEMENT

(1.) This revision has been filed seeking to call for the records in E.P.No.104 of 2015 in O.S.No.222 of 2010, dated 29.8.2016, on the file of the learned Subordinate Judge, Thoothukudi and to set aside the same.

(2.) The Petitioner is the plaintiff in O.S.No.222 of 2010 and Judgement- Debtor in E.P.No.104 of 2015.The first respondent is the plaintiff and the second respondent is the third party. The suit was filed for recovery of money and the said suit was decreed on 11.6.2013.The First respondent/Decree- holder filed E.P.No.104 of 2015 to attach the salary of the petitioner to release the decreetal amount. The Petitioner has stated that he has filed an application to set aside the ex-parte decree. He has not produced the order of stay granted by the appellate Court or any order setting aside the ex- parte decree.

(3.) The learned Trial Judge after considering the decree and the fact that the appellate Court has not granted any order of stay, passed orders attaching the salary of the Petitioner. Against that the present Civil Revision Petition is filed.