Usha vs S.K.Sikkaiyan
2022 Latest Caselaw 7458 Mad

                                                                          C.R.P(MD)No.2413 of 2017



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 08.04.2022

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                             C.R.P(MD)No.2413 of 2017
                                                      and
                                            C.M.P(MD)No.11485 of 2017

                     Usha                                         ... Petitioner/
                                                                      Petitioner/Plaintiff

                                                            Vs.

                     S.K.Sikkaiyan                                ... Respondent/
                                                                      Respondent/Defendant

                     PRAYER : Civil Revision Petition is filed under Article 227 of
                     Constitution of India as against the fair and decreetal order, dated,
                     19.08.2016 passed in I.A.No.1 of 2016 in O.S.No.4 of 2016 on the file of
                     the Principal District Court, Theni.

                                     For Petitioner    : Mr.R.J.Karthick
                                                         for Mr.G.Kandha Vadivelan

                                     For Respondents : Mr.K.Rajeswaran
                                                       for Mr.N.Satheesh Kumar




                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                C.R.P(MD)No.2413 of 2017

                                                          ORDER

The plaintiff in a suit for recovery of money, is the revision

petitioner.

2. Pending suit, the plaintiff filed I.A.No.1 of 2016, seeking

attachment before judgment of the property. The application was heard

along with the suit and the suit was decreed ex-parte on 19.08.2016. On

the same day, citing the grounds of decree of the suit, the learned trial

Judge has proceeded to close the application for attachment before

judgment.

3. However, according to the learned counsel for the plaintiff, the

defendant has filed an application to set aside the ex-parte decree and the

said application has been allowed. Now, the suit has been restored to file.

Under Order 38 Rule 11 of the Code of Civil Procedure, where a

property has been attached before judgment, it need not be re-attached in

the execution proceedings. The learned Judge, when he has decreed the

suit, ought not to have closed the application for attachment before

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2413 of 2017

judgment in view of the Order 38 Rule 11 of the Code of Civil

Procedure. However, the said application has been erroneously closed.

Now, the suit has been restored to file. The plaintiff is at liberty to file an

independent application for attachment before judgment under Order 38

Rule 11 of the Code of Civil Procedure. As and when such application is

filed, the same may be considered on merits and orders may be passed.

4. With the above said observations, this Civil Revision Petition is

disposed of. No costs. Consequently, connected Civil Miscellaneous

Petition is closed.

                                                                                        08.04.2022

                     gbg
                     Index              :     Yes / No
                     Internet           :     Yes / No



                     Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2413 of 2017

To

1.The Principal District Court, Theni.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P(MD)No.2413 of 2017

R.VIJAYAKUMAR ,J.

gbg

Order made in C.R.P(MD)No.2413 of 2017

08.04.2022

https://www.mhc.tn.gov.in/judis