The High Court dismissed a Civil Revision petition filed to set aside an order rejecting the petitioner's claim under Section 47 of CPC regarding unaccounted payments during execution. The Court held that without evidence, the plea could not be accepted.
The Civil Revision petition is dismissed with no costs.
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.
CRP (NPD) No.3183 of 2018 and CMP No.18193 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP (NPD) No.3183 of 2018 and
CMP No.18193 of 2018
M.K.Ramamoorthy ... Petitioner
Vs
Shriram Chits Tamil Nadu (P) Ltd
Rep. by its Foreman
Vellore Office,
Arni Road, Vellore – 1. ... Respondent
Prayer: The Civil Revision petition filed under Section 115 of the Code of Civil Procedure, praying to set aside the fair order and decreetal order, dated 05.09.2018 made in E.A.No.31 of 2013 in E.P. No.120 of 2011 in ARC. No.30 of 2006 on the file of the learned Principal Subordinate Judge Vellore, Vellore District.
For Petitioner : Mr.T.K.Kulasekaran For Respondent : No appearance
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CRP (NPD) No.3183 of 2018 and CMP No.18193 of 2018
O R D E R
This revision is against an order made in an application filed under Section 47 of the Code of Civil Procedure.
favour as early as on 28.07.2006. Claiming that several amounts paid through cheques as well as through collecting the agent of the respondent/decree holder have not been accounted properly the petitioner/ Judgment Debtor filed an application under Section 47 of the Code of Civil Procedure seeking adjudication.
amount was paid by the petitioner. The Executing Court which heard the application concluded that the petitioner/ Judgment Debtor has miserably
failed to prove the claim that he had made several payments either through cheques or through collecting agents of the respondent/Decree holder. On
the said conclusion, the Executing Court dismissed the application filed
under Section 47 of the Code of Civil Procedure.
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CRP (NPD) No.3183 of 2018 and CMP No.18193 of 2018
for the petitioner. The respondent though served, is not appearing either in person or through counsel duly instructed.
out any material irregularity in the order of the trial Court, so as to enable me to interfere in this revision. The claim of the petitioner that he has paid several amounts through cheques as well as through collecting agents of the respondent. In the absence of any evidence to prove the alleged payments the said plea cannot be accepted. Upon finding that there is no evidence for the payments alleged to have been made by the petitioner, the trial Court had rightly dismissed the application under Section 47 of the Code of Civil Procedure.
interest for the subsequent period also. Since the same is not the subject
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CRP (NPD) No.3183 of 2018 and CMP No.18193 of 2018
matter of challenge in this revision, I am not going into the merits of the same. The Judgment Debtor is free to make payment of the amount due according to him.
above observation. No costs. Consequently, connected miscellaneous
petition is closed.
07.12.2020
vum
Index: Yes/No
Speaking order / Non speaking order
To:
The Principal Subordinate Judge,
Vellore, Vellore District.
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CRP (NPD) No.3183 of 2018 and CMP No.18193 of 2018
R.SUBRAMANIAN, J.
vum
CRP (NPD) No.3183 of 2018 and
CMP No.18193 of 2018
07.12.2020
5/5
2 issues framed by the court
Whether there is material irregularity in the order dismissing the execution application which would warrant interference in revision.
Whether the trial Court ought to have entertained the petitioner's plea of unaccounted payments in the absence of evidence.
2 provisions across 1 enactments
M.K. Ramamoorthy
Shriram Chits Tamil Nadu (P) Ltd
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
