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2013 Supreme(AP) 269

R.KANTHA RAO
J. Rama Krishna – Appellant
Versus
Shriram Chits Pvt. Ltd. , rep. by its Manager – Respondent


Advocates Appeared:
For the Petitioners:Sreenivasa Rao Velivela, Advocate.
For the Respondent:R1, K. Maheswara Rao, Advocate, R2 to R6, None appeared.

Judgment :

This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the docket order dated 12.07.2012 passed by the Senior Civil Judge, Gudur in

E.P. No. 66 of 2012 in O.S No.54 of 2009.

2. Heard the learned counsel appearing for the revision petitioner-JDr No.5 and the learned counsel for the first respondent-Decree Holder.

3. The first respondent/decree holder obtained a money decree for an amount of Rs.1,51,477/- and the amount allegedly became due in respect of chit transaction. The plaintiff is a Chit Fund Company. The decree was passed directing the defendants to pay the decretal amount. Thereafter, the decree holder filed E.P. No.66 of 2012 to execute the money decree on the ground that the amount due under the decree was not paid. The executing Court, in E.P.No.66 of 2012, passed the following order on 12.07.2012:

“Issue notice to JDr through Court and R.P. Meanwhile attach the salary of J.Dr subject to Section 60 C.P.C.”

The said order is under challenge in this revision petition.

4. One of the contentions urged on behalf of the revision petitioner-JDr No.5 is that in view of the amendment to the Chit Fund Act, the execution petition














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