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2024 Supreme(Online)(MAD) 13459
HIGH COURT OF MADRAS
Hon`ble Mr.Justice K.MURALI SHANKAR
A.CHARLES – Appellant
Versus
SHRI RAM CHITS TAMILNADU – Respondent
Non-appeal against a decree upholds its validity, justifying execution measures against the debtor's salary.
Headnote:
Civil - Execution Proceedings - Chit Fund Acts - Relevant Sections - The court reviewed the execution petition under Chit Fund regulations, emphasizing the absence of an appeal against the initial decree, leading to the dismissal of the revision petition without merits.
Fact of the Case:
The revision petitioners challenged an order from execution proceedings regarding a salary attachment after not complying with a decree to pay a debt from a chit fund.
Finding of the Court:
The court found that the petitioners did not appeal the original decree and failed to provide valid reasons to overturn the attachment order, leading to the conclusion that the revision was without merit.
Issues: Whether the attachment of salary was justifiable in light of prior non-compliance with a decree and the lack of an appeal against that decree.
Ratio Decidendi: A failure to comply with a decree and not appeal the decision leads to the assumption of acceptance of the decree, justifying execution actions such as salary attachment.
Final Decision: The Civil Revision Petition is dismissed.
ORDER
This Civil Revision Petition is directed against the order dated
21.11.2017 made in E.P. No.30 of 2017 in Chit Petition No.13 of 2015, on the file of the Subordinate Judge, Thoothukudi, attaching the salary of the revision petitioners.
2. The respondent herein has obtained a decree before the Deputy Registrar of Chits, Thoothukudi, dated 23.11.2015, directing the revision petitioners to pay a sum of Rs.2,88,777/- within a period of 30 days from the date of decree, failing which, the revision petitioners have to pay the principal amount of Rs.2,13,534/- with interest at the rate of 24% per annum from 01.08.2015 and for costs. Since the decree was not complied with, the decree holder has laid exeuction petition before the Subordinate Judge, Thoothukudi in E.P.No.30 of 2017.
3. Admittedly the revision petitioners have not preferred any appeal, challenging the decree passed by the Deputy Registrar of Chits.
The revision petitioners have filed a counter statement to the execution petition. The Executing Court after enquiry, has passed the impugned order, attaching the salary of the revision petitioners.
4. The learned counsel for the revision petitioners would submit that when the revision was taken up for admission, this Court has granted interim stay on condition that the petitioners have to deposit a sum of Rs.1,50,000/- to the credit of E.P.No.30 of 2017 on or before
21.02.2018.
5. In pursuance of the said directions, the revision petitioners had deposited Rs.1,50,000/-. Admittedly, the revision petitioners had not paid any other amount till now. Though the revision petitioners have taken time for settling the matter between themselves, the matter is not settled till now. Except the above, the revision petitioners have not canvassed any valid reason or ground to quash the impugned order of attachment passed by the Sub Court, Thoothukudi. Hence, this Court concludes that the Civil Revision Petition is devoid of merits and liable to be dismissed.
6. In the result, this Civil Revision Petition is dismissed.
No costs. Consequently, connected Miscelleneous Petition is closed.
15.03.2024 NCC :yes/No Index :yes/No LS To
1.The Subordinate Judge, Thoothukudi.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
K.MURALI SHANKAR ,J .
LS Order made in C.R.P.(MD)No.272 of 2018 Dated : 15.03.2024
