J EDWARD Vs. A CHELLADURAI

JUDGEMENT

(1.) THE Civil Revision Petition has been filed challenging the order passed in E.A.No.90 of 2007 seeking to set aside the order dated 28.08.2008, wherein an order of attachment was passed.

(2.) THE petitioner herein is the defendant in the suit. THE suit was filed by the respondent in O.S.No.335 of 2001 before the Principal District Court, Tuticorin for rendering the accounts. On 31.07.2007, the suit has been decreed and a preliminary decree was passed by the trial Court. THEreafter, the respondent filed an application in I.A.No.1306 of 2003 for final decree. A Commissioner was appointed and he has also filed a report. THE final decree was passed on 07.01.2005, since the petitioner remained ex-parte. In pursuant to the final decree, the respondent filed an Execution Petition in E.P.No.110 of 2006 bringing the suit property for sale.

(3.) ORDER 21 Rule 105 speaks about the hearing of the application. The said provision is usefully extracted hereunder: