URMILA DEVI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) -This Civil Revision Petition is filed, against the fair and decretal order, dated 15.09.2005, made in E.A. No.278 of 2003 in E.P. No.77 of 2001 in O.S. No.83 of 1988.

(2.) The petitioner is the defendant and the respondent is the plaintiff in the suit. The respondent filed the suit in O.S. No.83 of 1988, for recovery of money. The said suit was decreed on 19.01.1990.

(3.) The respondent/plaintiff obtained decree on 19.01.1990 against the petitioner for recovery of money. The respondent filed E.P. No. 77 of 2001 for arrest and detainment of the petitioner in civil prison. According to the respondent, he could not execute the warrant of arrest and therefore he filed E.A.No.278 of 2003, for amendment of the Sl.No. 10 in the EP, to include the prayer for attachment and sale of the property belonging to the petitioner. The petitioner filed objection memo, denying various allegations made by the respondent and denied his liability to pay any amount to the respondent and also contended that execution petition can not be amended as per Order 6, Rule 17 C.P.C. The learned Judge, by order, dated 15.09.2005 allowed the amendment application. Against that order, present Civil Revision Petition is filed.