J JOSEPH ALPHONSE Vs. LOVERAT MARY

JUDGEMENT

(1.) THIS revision is directed against the order in E.A.No.9 of 2005 in E.P.No.164 of 2003 dismissing the petition filed under Section 47 r/w Section 151 CPC.

(2.) JUDGMENT Debtor is the Revision Petitioner. The revision arises on the following facts: Respondent/Plaintiff has filed O.S.No.97/97 for recovery of money. The suit was decreed for Rs.4,10,011/- with subsequent interest and cost. Against the JUDGMENT and Decree of the Trial Court, Revision Petitioner/Defendant had filed appeal in A.S.No.53 of 2002 before the District Court, Nagercoil. Confirming the JUDGMENT and Decree of the Trial Court, the appeal was dismissed. The second appeal preferred by the Petitioner/Defendant in S.A.No.677 of 2004 was dismissed even in the admission stage itself.

(3.) OBSERVING that there are no merits in the petition, Execution Court has dismissed the petition. The conditions necessary for application of Section 47 are: (1)the question must relate to the execution, discharge or satisfaction of the decree and (2) it must arise between the parties to the suit in which the decree was passed or their representatives." The petitioner has not raised any question relating to the execution, discharge or satisfaction of the decree and therefore, the petition filed under Section 47 is not maintainable.