J CHARLES JOSHEPH Vs. VERONICA

JUDGEMENT

(1.) These civil revision petitions are directed against the common order, 27-10-2004 passed in E.A.No.271 of 2004 and E.A.No.241 of 2004 in E.P.No.50 of 1997. As the point involved is one and the same, these revision petitions are taken up for disposal by this common order.

(2.) E.A.No.271 of 2004 is filed to reopen E.A. No.241 of 2004 and to receive the application under Section 14 of the Limitation Act, 1963 (for short "the Act"). E.A. No.241 of 2004 is filed under Order 21, Rule 89 C.P.C. to set aside the sale held on 8-12-1998.

(3.) The facts are that the plaintiff-1st respondent herein filed O.S.No.373 of 1992 for recovery of an amount of Rs.34,072/-. As the petitioner herein i.e., the defendant and his wife in the suit did not contest the matter, the suit was decreed ex parte. Thereafter, the plaintiff-decree holder filed E.P.No.50 of 1997 for recovery of the decretal amount of Rs.59,368/-. As the amount was not paid, she filed an application for sale of the house property bearing No.1-328 (old) and 1-5-47 (new) of Kazipet and the property was sold in public auction on 8-12-1998 by the 2nd respondent herein.