SURESH Vs. D MOHANAN

JUDGEMENT

(1.) The civil revision petition has been filed against the common docket order made in E.A.SR.62337 of 2017 in E.P.4006 of 2010 in O.S.No.4542 of 2008 dated 06.11.2017 on the file of the Xth Assistant City Civil Court, Chennai.

(2.) The revision petitioner is 2nd defendant, 1st respondent is plaintiff and 2nd respondent is 1st defendant in the suit. The first respondent filed a suit in O.S.No.4542 of 2008. The said suit was dismissed as aginst the petitioner/2nd defendant and decreed aginst the 2nd respondent/1st defendant by judgment and decree dated 19.06.2009. The 1st respondent/plaintiff initiated execution proceedings in E.P.No.4006 of 2010 impleading the petitioner/2nd defendant also, when the suit itself dismissed as against the petitioner/2nd defendant. Since the petitioner herein set exparte in the execution proceedings vide order dated 27.01.2012, he filed application in unnumbered E.A.No.SR62337 of 2017 under Section 47 of CPC. The EP Court, dismissed the application by docket order dated 06.11.2017.

(3.) Aggrieved against the order dated 06.11.2017, the 2nd defendant is before this Court with the present civil revision petition.