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2008 Supreme(Ker) 568

HARUN-UL-RASHID
Kshemanidhi Kuries & Loans (P) Ltd. – Appellant
Versus
Ashokan – Respondent


Advocates Appeared:For the Petitioners:N. Subramaniam, M.S. Narayanan, Advocates. For the Respondents:Renjith Thampan, P.A. Anitha, Advocates.

Judgment :

The short, but important questions of law relating to the scope and ambit of the power of review of the civil court under the Code of Civil Procedure and the applicability of Section 5 of the Limitation Act, 1963 to review an order passed by the execution court are involved in these revisions.

2. Thecommon order passed by the Principal Munsiffs Court, Irinjalakuda in E.A. Nos. 1843, 1844 and 1857 of 2001 in E.P. No.1243 of 2000 in O.S. No.239 of 1997 is under challenge in these revisions. The decree holder in the said suit is the petitioner in the above interlocutory applications and the revision petitioner herein. E.A. No.1844 of 2001 is an application for review of the order dated 19.2001 in E.A. No.335 of 2001. E.A. No.1843 of 2001 is an application filed under Section 5 of the Limitation Act to condone the delay of 8 days in filing E.A. No.1844 of 2001. E.A. No.1857 of 2001 is an application to review the order dated 19.2001 to set aside the sale. By the impugned order, the court below dismissed the applications.

3. The properties in dispute were sold in court auction on 12.2001 in E.P. No.1243 of 2000. The second respondent herein purchased the property in court auct



















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