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1995 Supreme(Mad) 118

N.ARUMUGHAM
Mr. Tharmapitchai and another – Appellant
Versus
A. C. A. Funds, Tirunelveli – Respondent


Appearing Advocates:Mr. P. Rathinadurai, Advocate for the Petitioner; Mr. R. Thamodaran, Advocate for the Respondent.

Judgment :-

The unsustainable order passed by the learned principal District Munsif, Srivaikuntam, in Execution petition No.29 of 1990 in O.S.No.24 of 1985 is being canvassed in this revision by the revision petitioners, who are the respondents and defendants 2 and 3 before the court below for its want of legality, propriety and correctness.

2. The petitioners herein are the defendants 2 and 3 along with first defendant, who is not a party in the proceedings were sued by the respondent herein for the recovery of sum of Rs.4,240/- with interest at the rate of 12 per per cent annum from 15.12.84 onwards based on a promissory note executed by them in favour of the respondent and the trial court, after the trial, has granted a decree in favour of the respondent herein in O.S.No.24 of 1985 on 18.7.91. As the first defendant happened to be a police personnel working outside the jurisdiction of the executing court, who was the principal debtor and both the revision petitioners being the defendants 2 and 3 happened to be the guarantors for the suit loan and pursuant to the decree passed above-referred execution was levied by the respondent herein before the executing court in E.P.No.29 of

























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