BALAKRISHNAN Vs. H CHUNNILAL BAGMAR

JUDGEMENT

(1.) The judgment-debtor in E.P. No. 59 of 1992 has filed this revision petition challenging the order dated 18-11-1996 made in E.A. No. 511 of 1993.

(2.) The respondent herein filed the suit O.S. No. 6228 of 1981 for recovery of Rs. 37,100/- being the principal and interest due on hire purchase agreement entered into between himself and the first defendant for which the second defendant stood as guarantor for Rs. 27,000/- on 14-4-1978 in respect of Vehicle No. TMX 5889, 1972 model Hindustan Bedford. The second defendant is the petitioner Judgment debtor in this Civil Revision Petition.

(3.) During the pendency of the suit, the first defendant died, and the second defendant and third defendant were brought on record as Legal Representatives of the first defendant in I.A. No. 12547 of 1983. First defendant was the father and third defendant was the mother of the second defendant. Defendant No. 3 also died during the pendency of the suit. The second defendant petitioner herein was set ex parte, and ultimately the suit was decreed directing the second defendant to pay to the plaintiff the amounts as mentioned in the decree.