SHRIRAM CHITS TAMIL NADU Vs. P.RAVIKUMAR

JUDGEMENT

(1.) The above civil revision petitions have been filed against the order of the trial Court rejecting the application filed by the decree holder to issue percepts under Sec. 46 of the Civil Procedure Code.

(2.) The brief facts leading to file the above revisions are as follows: The revision petitioner has referred the dispute relating to chit business before the Registrar under the Chit Funds Act, 1982. In pursuant to such dispute, the Registrar has passed an award under Sec. 58 of the Chit Funds Act. In pursuant to such award, the Registrar has issued a certificate to execute decree by the City Civil Court. Based on such certificate, Execution Petitions were filed before the Court below. The decree holder took an application to issue percepts to other Court for seeking attachment of property belonged to the judgment debtor. However, the Court below has dismissed the application held that percepts could be issued only by the Court which passed the decree not by the transferee Court.

(3.) The learned Judge took a view that since the award passed by the Registrar has been transmitted to the City Civil Court, the transferee Court has no power to issue percepts and dismissed the applications. Similarly, in C.R.P.No.1099 of 2013, apart from the ground of jurisdiction of the Court to issue percepts, the Court also took note that the value of the award is only Rs.18,000.00. The Court being the Sub-ordinate Court has no jurisdiction to execute such amount on the ground of pecuniary jurisdiction. Challenging the above orders, the present revision is filed.