Madras High Court
Rajayyan vs Pushparaj on 20 February, 2025
C.R.P.(MD)No.3131 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.02.2025
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.R.P.(MD)No.3131 of 2024
Regina Packiyavathi Nadachi (Died)
1.Rajayyan
2.Prabahavathi Princilla Snehabai
3.V.R.Rajkumar
4.V.R.Rajasingh
5.V.R.Rajeshwar
6.V.R.Rajeev
7.V.R.Sajjiv ... Petitioners/Decree Holders/
Plaintiffs 2 to 8
Vs.
Pushparaj ... Respondent/Judgment Creditor/
Defendant
PRAYER : Civil Revision Petition is filed under Section 115 of the
Civil Procedure Code, to set aside the fair and decreetal order, dated
06.03.2024 made in E.P.No.36 of 2007 in O.S.No.412 of 1995 on the file
of the Principal District Munsif Court, Padmanabhapuram.
For Petitioners : Mr.G.Sridharan
For Respondent : Mr.H.Thayumanaswamy
1/6
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C.R.P.(MD)No.3131 of 2024
ORDER
This revision petition has been filed to set aside the fair and
decreetal order, dated 06.03.2024 made in E.P.No.36 of 2007 in O.S.No.
412 of 1995 on the file of the Principal District Munsif Court,
Padmanabhapuram.
2.The facts in brief:
Suit for damages was filed by this revision petitioner against the
respondent and others; Decree was passed as prayed for with costs. To
execute the decree E.P.No.36 of 2007 was filed by this revision
petitioner before the Principal District Munsif, Padmanabhapuram. It
came to be dismissed by the execution court stating that the decree was
passed jointly and so execution petition filed against one of the judgment
debtors is not permissible. For that purpose, it would rely upon the
decision of the Andhra Pradesh High Court in the case of Damera
Barsimha Reddy Vs. Syed Ibrahim and others reported in AIR 2005 AP
482. Against the dismissal order this revision petitioner is preferred.
3.Heard both sides.
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4.The learned counsel for the petitioner would submit that the
decree does not read that it is a joint and several liability. The execution
petition was filed on the premise that the entire responsibility to
discharge the decree amount lies only upon the respondent herein, since
it is only at his instance the damage was caused to his property. He also
deposited Rs.10,000/- towards the decree amount to the Court. So
according to him, the order passed by the execution court is perse illegal
and requires to be interfered.
5.Per contra the learned counsel for the respondent would submit
that it is not a joint and several liability issue. It is only a joint liability.
So as per the Judgment of the Andhra Pradesh High Court cited supra,
execution cannot be initiated against one of the joint debtors. According
to him, the order passed is valid and apart from that he has also submitted
that he also deposited his share amount of the decree amount. The
revision petitioner can proceed against the other debtors. Without
impleading them and without taking action against them dragging this
respondent is improper.
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6.At the time of passing the order, a clarification was sought from
the petitioner as to why he has omitted to implead all the joint debtors.
He would submit that he is ready to implead them also in the petition, if
the matter is remitted back.
7.So without going into other aspects, this civil revision petition is
disposed of with liberty to the revision petitioner to file impleading
petition in the execution petition. The matter is remitted back to the
execution Court. The execution court is directed to restore the Execution
Petition to its file and proceed in accordance with law. After the
impleading process is over, the revision petitioner is permitted to
withdraw the amount deposited by the respondent before the execution
court. No costs.
20.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
TM
To
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1.The Principal District Munsif, Padmanabhapuram.
2.The Section Officer,
E.R.Section/V.R.Section,
Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN,J.
TM
20.02.2025
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