Issue
Arguments Of Petitioner
Decision
K A Munisami Chetti
v.
Vaiyapuri Udayan
(High Court Of Judicature At Madras)
No. | 01-04-1926
Madhavan Nair, J
[1] I do not think that this is a case in which I should interfere under Section 115 Civil P.C. The execution application of the petitions was dismissed as he and his pleader were absent. Then he filed an application for review. That also was dismissed by the District Munsif and it is that order that is the subject-matter of this revision.
[2] The main argument of the petitioner has been directed to show that the District Munsif should not have considered the merits of an uncertified adjustment pleaded by the decree-holder in dealing with an execution application. In this case the finding of the District Munsif amounts to this, viz. : that the petitioner in suppressing the agreement and asking for execution has been acting fraudulently. I have no doubt that in such circumstances the Court can examine the merits of an uncertified adjustment when it is pleaded in bar to execution. Further the Full Bench of this High Court in Chidambara Chettiar v. Krishna Vathiar [1917] 40 Mad. 233 has held that such adjustment can be pleaded by the judgment-debtors as an answer to execution. There is no question of jurisdiction in this case. I dismiss it with costs.
[1] I do not think that this is a case in which I should interfere under Section 115 Civil P.C. The execution application of the petitions was dismissed as he and his pleader were absent. Then he filed an application for review. That also was dismissed by the District Munsif and it is that order that is the subject-matter of this revision.
[2] The main argument of the petitioner has been directed to show that the District Munsif should not have considered the merits of an uncertified adjustment pleaded by the decree-holder in dealing with an execution application. In this case the finding of the District Munsif amounts to this, viz. : that the petitioner in suppressing the agreement and asking for execution has been acting fraudulently. I have no doubt that in such circumstances the Court can examine the merits of an uncertified adjustment when it is pleaded in bar to execution. Further the Full Bench of this High Court in Chidambara Chettiar v. Krishna Vathiar [1917] 40 Mad. 233 has held that such adjustment can be pleaded by the judgment-debtors as an answer to execution. There is no question of jurisdiction in this case. I dismiss it with costs.
Advocates List
For The Appearing Parties ----.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE MADHAVAN NAIR
Eq Citation
97 IND. CAS. 608
AIR 1926 MAD 945
LQ/MadHC/1926/193
HeadNote
Civil Procedure Code, 1908 — S. 115 — Revisional power — Exercise of — Uncertified adjustment pleaded by decree-holder in dealing with execution application — District Munsif finding that petitioner in suppressing agreement and asking for execution has been acting fraudulently — Held, in such circumstances Court can examine merits of uncertified adjustment when it is pleaded in bar to execution
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