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2005 Supreme(Mad) 1274

M.THANIKACHALAM
D. V. Athisayaraj – Appellant
Versus
Tirunelveli Diocese Trust Association – Respondent


Advocates Appeared:For the Petitioner:K. Srinivasan, Advocate. For the Respondent:Vallinayagam, Advocate.

Judgment :-

(This revision is preferred under Section 115 of CPC against the fair and decreetal order passed in EA No.803 of 2004 in EP No.126 of 2003 in Os No.11 of 1986 on the file of the Principal Subordinate Judge, Tirunelveli dated 16.07.2004.)

The revision petitioner is the judgment debtor, who failed in his attempt to resist the petition filed by the decree holder/respondent to amend the E.P. successfully.

2.The factual matrix, which are necessary for the disposal of the CRP are as hereunder.

3.The respondent in this CRP, as plaintiff, has filed OS No.11 of 1986 for recovery of sum of Rs.2,74,010.05 with interest @ 6% p.a. from 20.1.1986, which was decreed on 15.6.1992. Pursuant to the decree obtained by the respondent, in order to realize the decree amount by bringing the property of the judgment debtor by attachment and sale, E.P.No.27 of 1995 was filed under Order 21 Rule 54 of Civil Procedure Code, hereinafter called "the Code", wherein the attachment was made on 25.10.1995. The E.P., after undergoing certain process or proceedings, came to be dismissed for default on 19.08.2002. It appears, at the time of the dismissal for default, the Executing Court has not passed any or















































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