IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23/09/2005
CORAM
THE HON'BLE MR.JUSTICE M.CHOCKALINGAM
C.R.P.(NPD) No.1490 of 2005
and
CMP No.12500 of 2005
1.S.Vengatesan
2.S.Krishnaveni .. Petitioners
-Vs-
Sri Ram Chits and
Investment Private Ltd.,
rep. By Managing Director
No.7, Sarangapani East Street
Kumbakonam .. Respondent
Civil revision petition filed under Sec.115 of the Code of Civil
Procedure against the judgment and decree dated 18.2.2005 made in CMA
No.10/2001 on the file of the District Court, Nagapattinam, confirming the
fair and decretal order dated 8.1.2001 made in E.P.No.50/2000 on the file of
the Sub Court, Thiruvarur.
!For Petitioners : Mr.J.Nandagopal
^For Respondent : ---
:ORDER
Challenging an order of the learned District Judge, Nagapattinam, made
in CMA No.10 of 2001 affirming an order of the learned Subordinate Judge,
Thiruvarur, ordering the Execution Petition in E.P.No.50 of 2 000, this
revision has been brought forth by the defendants/judgment debtors.
2. Heard the learned Counsel for the petitioners. No case is made
out even for admission of the revision.
3. From the available materials, it could be seen that pursuant to
the passing of a decree by the Chit Fund Court, Tanjore, directing the
petitioners herein to pay a sum of Rs.2,66,616/- to the respondent herein, it
was put on execution by the respondent in E.P.No.50 of 2000 before the Sub
Court, Thiruvarur. When the execution proceedings were taken out, the same
was contested by the petitioners herein by filing a counter inter alia stating
that the Executing Court has failed to note that there was no agreement
between the parties to pay interest; that apart from that, the respondent was
asking for the same when they were not entitled for that; and that the
Executing Court failed to note that the respondent Chit Company has not given
dividend to the petitioners, but were claiming the amount which they were not
entitled for that. On enquiry, the learned Subordinate Judge found that all
those contentions should have been raised before the Chit Fund Court, which
passed the decree, and not before the Sub Court, and ordered the E.P.
Aggrieved over the same, the petitioners herein took it on appeal in CMA No.10
of 2001 before the District Court, Nagapattinam. After hearing both sides in
the appeal, the learned District Judge affirmed the order of the Sub Court.
Hence, this revision at the instance of the judgment debtors.
4. The grounds raised in the revision, are perused. The Court heard
the learned Counsel for the petitioners. No one ground is made to attack the
order passed in the Execution Petition. All the contentions raised by the
petitioners’ side, were rejected by the learned Subordinate Judge who passed
the order in the E.P., for the reasons that they do not merit acceptance, and
they should have been raised before the Chit Fund Court, which passed the
decree. This Court is of the view that the lower Court was perfectly correct
in rejecting the said contentions. The petitioner does not make out a case
even for admission of this revision.
5. In the result, this civil revision petition is dismissed at the
admission stage itself. Consequently, connected CMP is also dismissed.
Index: yes
Internet: yes
To:
1.The District Judge,
Nagapattinam.
2.The Subordinate Judge
Thiruvarur
3.The Presiding Officer
Chit Fund Court
Tanjore.
Nsv/