The present Civil Revision Petition is directed against the fair and decretal order of the learned X Assistant Judge, City Civil Court, Chennai made in E.A.No.1050 of 2005 in E.P.No.1892 of 2004 in O.S.No.1892 of 2002 dated 8. 2005.

2. The short facts of the case, which are relevant for the disposal of the present revision, are as follows:-

The respondent herein has filed the suit in O.S.No.1892 of 2002 against one M/s.T.Madhava Rao and Company represented by its 3 partners including the petitioner herein and obtained a money decree. The petitioner herein has been arrayed as 3rd defendant in the said suit. The suit was decreed on 30.12.2002. Thereafter, the respondent has filed the execution petition in E.P.No.1892 of 2004 against the above referred firm and its partners including the petitioner herein. In the said execution petition, the petitioner filed an application in E.A.No.1050 of 2005 in E.P.No.1892 of 2004 under Section 47 C.P.C. to dismiss the execution petition filed by the respondent herein. The said application has been contested by the respondent by filing a detailed counter. The learned X Assistant Judge, City Civil Court, Chennai, after considering the mer