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2005 Supreme(Ker) 686

V.RAMKUMAR
D. Radhakrishnan – Appellant
Versus
State of Kerala, Represented by law Secretary – Respondent


Judgment :-

The first defendantfirst judgment debtor and legal representatives of the 4th judgment debtor in O.S. No.156/1985 on the file of the I Addl. Sub Court, Thiruvananthapuram are the petitioners in these Writ Petitiones filed under Articles 226 and 227 of the Constitution of India. The said suit was one for realization of a sum of Rs.1,87,219.25/- from the defendants of whom the first defendant is the principal debtor and the other defendants represent the inters of the guarantors. The said suit was recreed on 12-9-1986. On 6-3-1998 the plaintiff/decree holder-Bank filed E.P. 65/1998 for executing the decree by attachment and sale of the charged properties. As on 6-3-1998 the total amount due with interest was Rs.5,20,638.08. After the judgment debtors filed their objection the E.P., the E.P. stood posted to 20.5.1998. On that day for the reason that there was no representation on behalf of the decree holder-Bank, the E.P. was dismissed for default. On 9-11-1998 the decree holder filed E.A. 245/1998 for restoration of the E.P. Which had been dismissed for default. The said application was filed under Order 21 R. 106.C.P.C. with a prayer to condone the delay, set aside the o

















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