JUDGMENT

(Prayer: Civil Revision Petition filed under Section 115 of Code of Civil Procedure, to set aside the fair and decreetal order dated 29.10.2011 in CMA.No.2 of 2011 on the file of the Sub Court, Padmanabhapuram reversing the fair and decreetal order dated 12.01.2011 passed in E.A.No. 29 of 2010 in E.P.No.81 of 2008 in O.S.No.125 of 2006 on the file of the Principal District Munsif Court, Padmanabhapuram by allowing this civil revision petition.)

1. The first respondent in a suit for recovery of money is the revision petitioner herein challenging an order of the Subordinate Court, Padmanabhapuram dismissing his application under Order 21 Rule 90 of C.P.C reversing the order passed by the Executing Court.

(A).Factual Matrix:

2. The second respondent herein as plaintiff had filed O.S.No.125 of 2006 on the file of the Principal District Munsif Court, Padmanabhapuram for the relief of recovery of money of a sum of Rs.36,000/-. It was alleged by the plaintiff that the first defendant and the second defendant are husband and wife and they had fraudulently induced the plaintiff to deposit the money in their financial company and in returning the said amount.

3. The plaintiff had further