Noble Marine Services v. Gilbert S/O.V.J.Antony

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD).No.2633 of 2016 and C.M.P.No.13584 of 2016 Noble Marine Services, Ship Repairs, Engineering and General Marine Contractors, No.28/9, Adam Street, Chennai - 600 001.

... Petitioner Vs.

V.J.Antony (Deceased) 1.Gilbert 2.Rosy 3.Nixon 4.Captain Sharif ... Respondents Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the fair and decreetal order dated 23.02.2016 made in E.P.No.1442 of 2014 in O.S.No.194 of 2009 on the file of the X Assistant Judge, City Civil Court, Chennai.

For Petitioner : Mr.M.Kumaraswami

O R D E R

Challenging the order passed in E.P.No.1442 of 2014 on the file of the X Assistant Judge, City Civil Court, Chennai in O.S.No.194 of 2009 on the file

of the Subordinate Court, Kochi, State of Kerala, the 1st Judgment Debtor have filed the above Civil Revision Petition. 2.The plaintiffs filed the suit in O.S.No.194 of 2009 for recovery of money.

3.After contest, the trial Court viz., the Sub Court, Kochi, State of Kerala passed a decree in favour of the plaintiffs. Subsequent to the decree passed in O.S.No.194 of 2009 on the file of the Sub Court, Kochi, the suit was transmitted to the file of the X Assistant Judge, City Civil Court, Chennai and the plaintiffs filed Execution Petition in E.P.No.1442 of 2014 before the X Assistant Judge, City Civil Court, Chennai. 4.The Execution Petition was filed by the Decree Holders for attaching the movables belonging to the Judgment Debtors. The 1st Judgment Debtor filed their counter stating that the Decree Holders are not entitled to seek attachment of the movables. The Executing Court, taking into consideration the case of both parties, allowed the application and ordered attachment.

5.Mr.M.Kumaraswami, learned counsel for the petitioner submitted that the decree passed by the trial Court at Kochi is a nullity and the Executing Court should not have allowed the Execution Petition. However, the decree passed in O.S.No.194 of 2009 on the file of the Sub Court, Kochi has become final for the reason that the same was not challenged by the defendants.

6.The issue with regard to the merits of the judgment and decree passed in O.S.No.194 of 2009 cannot be gone into by the Executing Court. Admittedly, the Judgment Debtors have not filed any application questioning the correctness of the judgment and decree passed by the trial Court. The Executing Court, taking note of all these aspects, rightly allowed the application.

7.I do not find any error or irregularity in the order passed by the Executing Court. The Civil Revision Petition is devoid of merits and is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Index : No 31.08.2016 Internet : Yes va

M.DURAISWAMY,J.

va To The X Assistant Judge, City Civil Court, Chennai.

C.R.P.(NPD).No.2633 of 2016 and C.M.P.No.13584 of 2016 31.08.2016