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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
P.J.Prabaharan – Appellant
Versus
M/s.Margadarsi Chits Private Limited – Respondent
| Table of Content |
|---|
| 1. petitioner challenges execution petition based on limitation. (Para 1 , 3) |
| 2. respondent argues for validity of execution despite petitioner's claims. (Para 2 , 4 , 5) |
| 3. court examines execution validity under chit funds act provisions. (Para 6 , 8 , 10 , 11 , 13) |
| 4. section 71 clarifies decree execution under civil court jurisdiction. (Para 7) |
| 5. civil revision petition dismissed with considerations for payment. (Para 14) |
ORDER
The chit subscriber/ first judgment debtor is the revision petitioner, challenging the order in EP.No.46 of 2025 on the file of the XXVII Assistant City Civil Court, Chennai.
2.I have heard Mr.S.Vijayakumar, learned counsel for the revision petitioner and Mr. D. Shivakumaran, learned counsel for the first respondent / decree holder.
3.The learned counsel for the revision petitioner, Mr.S.Vijayakumar, would contend that there is a bar for the decree holder to claim the amount, beyond the period of 3 years and in this connection, he would rely on the bar under Section 71 (b) of the Chit Funds Act, 1982 . Secondly, he would contend that the decree holder had filed an earlier EP and he has suppressed the same, while filing the present EP. Thirdly
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