This order dismissed a Civil Revision Petition challenging the rejection of an application to summon a bank manager and mark documents during the execution of a suit decree. The High Court found no infirmity in the lower court's decision.
Civil Revision Petition dismissed; no costs; 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 : 27.02.2019
CORAM :
THE HON'BLE MS. JUSTICE P.T.ASHA
C.R.P. (NPD) No.763 of 2019
and
C.M.P. No.5004 of 2019
E.Magudapathi ... Revision Petitioner
Vs.
E.Karuppusamy ... Respondent
PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to set aside the order dated 01.10.2018 passed in E.A.No.95 of 2018 in E.P.No.8 of 2017 in O.S.No.119 of 2014 on the file of the Court of the Subordinate Judge at Gobichettipalayam.
For Petitioner : Mr.R.Vijayan
O R D E R
The above Civil Revision Petition has been filed, challenging the order passed in E.A.No.95 of 2018 in E.P.No.8 of 2017 in O.S.No.119 of 2014 on the file of the Subordinate Court, Gobichettipalayam.
2.The said application has been filed to summon the Manager of the
2
Judgment Debtor. The suit has attained its finality and the matter is pending for execution. At this stage, the petitioner has come forward the application,
which has been rightly dismissed by the learned Subordinate Judge, Gobichettipalayam. The Court has held that, it is very much open to the Judgment Debtor to prove the same, by filing necessary documents and there is no necessity to issue summons to the Manager of the LIC Housing Finance.
3.I find no infirmity in the order passed by the learned Judge and therefore, this Civil Revision Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
27.02.2019
mkn
Index : Yes / No
Internet : Yes / No
Speaking order / Nonspeaking order
To
The Subordinate Judge, Subordinate Court, Gobichettipalayam
3
P.T.ASHA, J.
mkn
C.R.P. (NPD) No.763 of 2019
and C.M.P. No.5004 of 2019
27.02.2019
1 issue framed by the court
Whether the order declining to summon the Manager of LIC Housing Finance and reject the application for documents at the execution stage was legally infirm.
1 provisions across 1 enactments
E.Magudapathi
E.Karuppusamy
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
