The Madras High Court dismissed a civil revision petition challenging an executing court's refusal to grant permission for payment of a money decree by instalments. The court held no error existed in denying such relief under Order 20 Rule 11 CPC.
The petition to set aside the executing court's order denying instalment payment was dismissed.
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.711 of 2018 and CMP No.3689 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP NPD. No.711 of 2018
and CMP No.3689 of 2018
1. N.Maragatham
2. S.Natrajan
3. S.Vadivambigai .. Petitioners
Vs.
Mayavaram Financial Chit Corporation Ltd
At Mayiladuthurai, Rep. By its
Chief Executive Officer,
Sri.J. Manoj Padmanabhan
No.13-A1, Cutchery Road, Mayiladuthurai. ..Respondent
PRAYER: Civil Revision Petition filed under Section 115 of Civil
Procedure Code, praying to set aside the order and decreetal order dated 17/11/2017 passed in E.P.No.290 of 2016 in A.P.No.42/2015 on the file of the II Additional District Judge at Puducherry.
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CRP NPD. No.711 of 2018 and CMP No.3689 of 2018
For Petitioners : Mr.A.Tamilvanan For M/s.G.D.Jearany For Respondent : Mr.P.Visvasoundaram for M/s.Achari & Antoni Associates
ORDER
This matter is taken up for hearing through Video-Conferencing.
The judgment debtor having suffered a decree for payment of money
has come up with this Revision. Challenge is to the order of the Executing Court rejecting his request for payment of the decree amount in instalments.
2. The learned Executing Court has taken note of the provisions of Order 20 Rule 11 of the Code of Civil Procedure and held that such a permission for payment by instalments cannot be granted by the Executing Court and the learned counsel for the petitioner is unable to point out error
in the order of the Executing Court or any enabling provision in the Code of Civil Procedure. I also do not find material irregularity in the order of the Executing Court when it held that the Executing Court cannot grant permission payment by instalments.
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CRP NPD. No.711 of 2018 and CMP No.3689 of 2018
3. Hence, the Civil Revision Petition fails and it is accordingly
dismissed . No costs. Consequently, the connected miscellaneous petition
is closed.
22.12.2020
jv
Index: No
Internet:Yes
Speaking order
To
1. The II Additional District Judge
Puducherry.
2. The Section Officer,
V.R.Section, High Court of Madras.
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CRP NPD. No.711 of 2018 and CMP No.3689 of 2018
R.SUBRAMANIAN, J.
jv
CRP NPD. No.711 of 2018
and CMP No.3689 of 2018
22.12.2020
4/4
2 issues framed by the court
Whether the executing court has the power to grant permission for payment of decree amount by instalments.
Whether the lower court correctly rejected the debtor's request for instalment payment under Order 20 Rule 11 CPC.
2 provisions across 1 enactments
N.Maragatham
S.Natrajan
S.Vadivambigai
Mayavaram Financial Chit Corporation Ltd
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court