Dismissed

Elumalai v. Shanmugam

Madras HC7 Jan 2019CRP/3655/2017

Case brief

AI extract

What is this about?

In a civil revision under Article 226, the Single Judge dismissed the petition challenging an order dismissing an application to set aside an ex-parte decree. The court held that the petitioner's conduct prevented further indulgence and the execution court correctly dismissed the challenge as it could not appreciate liability questions.

What did the court decide?

Civil Revision Petition dismissed; no costs; connected Miscellaneous Petitions closed.

Elumalai Vs Shanmugam — Execution and Attachment | Madras HC (2019)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 07.01.2019

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE M.S.RAMESH

¶6

C.R.P. (NPD) No. 3655 of 2017
and
C.M.P. Nos. 17008 of 2017 & 7611 of 2018
Elumalai ...Petitioner
Vs
Shanmugam ...Respondent

¶7

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set-aside the fair and decretal order in E.P.No.114 of 2016 in O.S.No.144 of 2010 dated 28.08.2017 passed by the learned District Munsif, Panruti.

¶8

For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.S.Kadarkarai O R D E R

¶9

The prayer sought for in the present revision petition is to set-aside

¶10

the fair and decretal order in E.P.No.114 of 2016 in O.S.No.144 of 2010 dated 28.08.2017 passed by the learned District Munsif, Panruti.

¶11

http://www.judis.nic.in

¶12

¶13

In a suit for recovery of money filed in the year 2010 based on a

¶14

promissory note executed in 2008, the respondent herein is unable to recover the money till date. It is seen that on 02.11.2011, an ex-parte decree came to be passed, which was set aside on 22.04.2013. Subsequently, the petitioner herein was set ex-parte on 20.01.2014, which also came to be set aside on 09.06.2015. For the third time, the petitioner was set ex-parte on 18.08.2015 and an ex-parte decree was passed, which also came to be set aside on 09.02.2016. Ultimately, the petitioner herein was set ex-parte for the fourth time on 31.08.2016 and the trial Court, on 06.02.2017, had dismissed the application seeking to set aside the ex-parte decree. As against the same, the petitioner claims to have preferred an appeal with a delay of 32 days in filing the Civil Miscellaneous Appeal.

¶15

On an overall conduct of the petitioner, I am of the view that the

¶16

petitioner need not be extended any further indulgence. The respondent herein claims to have lent a sum of Rs.70,000/- in the year 2008 and has been waiting for more than 10 years to recover his money inspite of the decree becoming final.

¶17

http://www.judis.nic.in

¶18

¶19

The present order under challenge is an order of attachment

¶20

passed in execution proceedings in EP.No.114 of 2016. Though the petitioner has raised several grounds challenging the said order, I am not inclined to accept any of the same for two reasons. Firstly, in view of the conduct of the petitioner in having prolonging the suit proceedings and secondly, though the petitioner questions his liability to pay the decree amount, the Execution Court cannot appreciate such grounds and that it is bound to execute the

¶21

same, which is within the scope of the decree. As such, I do not find any merits

¶22

in the Civil Revision Petition.

¶23

Accordingly, the present Civil Revision Petitions stands dismissed.

¶24

No costs. Consequently, connected Miscellaneous Petitions are closed.

¶25

07.01.2019

¶26

Index:Yes/No

¶27

Speaking Order: Yes/No

¶28

hvk

¶29

http://www.judis.nic.in

M.S.RAMESH.,J

hvk

C.R.P. (NPD) No. 3655 of 2017
and
C.M.P. Nos. 17008 of 2017 & 7611 of 2018

¶34

07.01.2019

¶35

http://www.judis.nic.in

Elumalai v. Shanmugam

Case brief

What is this about?

What did the court decide?

Elumalai v. Shanmugam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

R.a.Jabaraj Vs Nalini Desikan

N.Ravi Vs Jaishankar

The President Vs M/S. Aromatics Pvt. Ltd.

Arul Francina @ Arul Prasanna Vs Sekar

Bellappa Vs Mr.Lingappa

Annapoorani Vs Mohan,W/O Late K.R.Palanisamy