Civil revision filed against an order allowing substitution of the decree copy in execution proceedings. The revision was dismissed as there was no warrant to interfere with the lower court's discretion exercised to avoid multiplicity of proceedings.
Civil Revision Petition dismissed. No costs.
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THE HON'BLE SRI JUSTICE B.PRAKASH RAO
CIVIL REVISION PETITION NO.4273 OF 2009
ORDER:
The petitioner-judgment debtor filed this Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 {CPC}, inter alia, seeking to assail the order dated 07.07.2009 allowing E.A.No.219 of 2009 in E.P.No.90 of 2008 in O.S.No.221 of 2006 on the file of the Principal Senior Civil Judge, Tenali, in allowing the application filed under 151 CPC to pass the order to ‘substitute’ the decree copy filed by the petitioner with the earlier decree copy filed along with the E.P. and to enable the petitioner to proceed further with the Executive Petition.
Having regard to the facts and circumstances of the case and especially, the discretion exercised by the Court below and more so, in view of the formal correction, which is sought to be done to avoid multiplicity of proceedings, I do not find any warrant to interfere with the order of the Court below.
Accordingly, the Civil Revision Petition is dismissed. No costs.
_________________ (B.PRAKASH RAO, J)
19th March 2010
RRB
1 issue framed by the court
Whether the High Court should interfere with the lower court's order allowing substitution of the decree copy to enable execution proceedings.
2 provisions across 1 enactments
Petitioner-judgment debtor
O.S.No.221 of 2006
B.PRAKASH RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
