President of Alliance Francaise filed a Civil Revision Petition under Section 115 CPC challenging the dismissal of an application to implead him as a party in an execution petition, arguing he was a third party not properly impleaded.
Civil Revision Petition dismissed; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2017
CORAM
THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR
CRP.(NPD).No.4187 of 2017
and
CMP.No.19624 of 2017
Eric Andre ..Petitioner
Vs.
1.Alliance Francaise De Pondicherry,
a society registered under Societies
Registeration Act,
Rep. by its President
2.Yvonne Andre ..Respondents
PRAYER :
The Civil Revision Petition is filed under Section 115 of the
Civil Procedure Code to set aside the Fair and Decretal order dated
14.07.2017 passed in E.A.No.59 of 2016 in R.C.E.P.No.3 of 2012 in
H.R.C.O.P.No.20 of 2002, on the file of the Rent Controller-I, at
Pondicherry, by allowing this Civil Revision Petition.
2
ORDER
According to the revision petitioner, the first respondent society has filed a petition in HRCOP.No.20 of 2002 for order of eviction against the second respondent, which was decreed. Subsequently, an execution petition in RCEP.No.3 of 2012 was filed to execute the decree. In the above EP, the first respondent / decree holder has filed an application in EA.No.59 of 2016 to implead the proposed party / the revision petitioner as the second respondent in the above EP. When the matter was taken up for hearing before the trial court on 14.07.2017, based on the endorsement made by the first respondent herein, the application was dismissed as not pressed with liberty to file a fresh petition by including the other legal heirs as stated in the counter affidavit. Challenging the same, the proposed respondent has filed the present Civil Revision Petition before this Court.
3
party in the said EP. Secondly, the aforesaid application in EP.No.3 of 2012 has been dismissed as withdrawn on the ground the first respondent / decree holder wanted to file a fresh petition impleading the other legal heirs in the aforesaid EP.
4
D.KRISHNAKUMAR. J,
lok
To
The Rent Controller-I,
Pondicherry.
CRP.(NPD).No.4187 of 2017
and
CMP.No.19624 of 2017
17.11.2017
2 issues framed by the court
Whether a civil revision petition under Section 115 CPC lies to challenge the dismissal of an application for impleadment in an execution petition as not pressed.
Whether the dismissal of an application for impleadment in a pending execution petition is liable to be set aside via civil revision.
1 provisions across 1 enactments
Eric Andre
Alliance Francaise De Pondicherry
Yvonne Andre
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
