HAJA NAJIMUDEEN Vs. A.J. NIJAM MYDEEN

JUDGEMENT

(1.) This revision petition is filed against the order dtd. 7/8/2018 passed in E.P. No. 95 of 2017 in O.S. No. 28 of 2016 on the file of the learned Principal Sub Court, Kumbakonam, Thanjavur District.

(2.) The revision petitioner is the defendant and the respondent is plaintiff in O.S. No. 28 of 2016 on the file of the Principal Sub Court, Kumbakonam. The defendant had borrowed a sum of Rs.5,00,000.00 on 6/5/2015 from the plaintiff for investing the same in Readymade Showroom Business and executed a promissory note in favour of the plaintiff and agreed to repay the same with 12% interest on the demand of the plaintiff. In spite of repeated demands, the petitioner/defendant did not pay the amount. Narrating the above incidents, the respondent/plaintiff filed the above suit for recovery of the debt amount of Rs.5,00,000.00 with interest. The petitioner/defendant filed written statement contending that he did not borrow any amount from the plaintiff and the alleged execution of promissory note was denied by the defendant by stating that it was forged. The Trial Court considering the oral and documentary evidence decreed the suit by judgment and decree dtd. 5/2/2016, against which, the petitioner/defendant filed A.S. No. 42 of 2018 before the Principal District Judge, Thanjavur, on 1/9/2017. The decree holder filed E.P. No. 95 of 2017 and the Executing Court by order dtd. 7/8/2018 ordered attachment of the defendant's property, against which, the petitioner/defendant has filed this revision petition.

(3.) On 12/12/2018, when the case came up for admission, considering the submission of the learned counsel for the petitioner that the Executing Court without even issuing notice under Order 21 Rule 54 and 66(2) CPC has ordered attachment, this Court while ordering notice to the respondent, has granted interim stay. This Court also passed the following order calling for the report from the Court below with regard to the said submission:-