P AMBROSE Vs. PUNJAB NATIONAL BANK THANJAVUR

JUDGEMENT

(1.) THE judgment-debtor, who suffered a decree in O. S. No. 182 of 1988 on the file of Sub-Court, Thanjavur, dated 3. 8. 1989 has filed a petition in E. A. No. 59 of 1993 under Section 47 of the Act to dismiss the execution petition in E. P. No. 36 of 1990. THE Lower Court in its order dated 23. 9. 1993 dismissed the petition. Aggrieved against the same, the petitioner has filed the above revision.

(2.) THE respondent filed O. S. No. 182 of 1988 on the file of Sub-Court, Thanjavur, for passing a decree on a mortgage. THE petitioner/second defendant filed a written statement which was adopted by the first defendant. In the written statement, it is specifically alleged that the defendant should be allowed to pay the amount in instalments at the rate of rs. 5,000 per month. No oral evidence was adduced on both sides. On the basis of the materials available on record, the lower court in its judgment dated 3. 8. 1989 decreed the suit with a direction that the defendant should pay the amount at the rate of Rs. 7,500 per month. That judgment and decree has become final and admittedly the defendant did not challenge the same by filing an appeal. But when the respondent/decree holder filed E. P. No. 36 of 1990 to execute the decree in the said proceedings, the petitioner filed the present petition under Section 47 of C. P. C. THE lower court after discussing the issue dismissed the petition. Aggrieved against the same, the first defendant has filed the above revision.

(3.) IN view of the above, the trial court is correct in law in passing the final decree straight away.