KUPPU BOYAN Vs. SENGOTTAIYAN

JUDGEMENT

(1.) The order of the learned District Munsif, Rasipuram in R. E. A. 156 of 1982 in R. E. P. 301 of 1981 in O. S. 635 of 1972 is questioned in the above revision.

(2.) It appears from the facts of the case and also as argued by the respective counsel appearing for the parties, that the respondent herein filed O. S.635 of 1972 before the District Munsif's Court, Namakkal, against the petitioners therein. The second petitioner is the wife of the first petitioner. The plaintiff, who is the respondent herein obtained a decree against the petitioners, who were the defendants in the suit, for a sum of Rs. 5,000/- on 12-6-1972. In pursuance of the decree obtained by the plaintiff E. P. 301 of 1981 was filed before the executing Court to attach and to sell the property belonging to the judgment-debtors situate in S. No. 20/3 Moolakurichi Village measuring 3.93 acres with a well and pumpset. The judgment-debtors having received the notice of the execution petition filed R.E.A. 156 of 1982, wherein they contended that they have filed I. P. 9 of 1982 before the Sub Court, Namakkal to adjudge them as insolvents on the ground that they are unable to pay the debts of the pressing creditors. It was also contented by the judgment-debtors that they have also filed I. A. 31 of 1982, for the appointment of an interim Receiver of the properties mentioned in I. P. of 1982. It was also contended in the affidavit filed by the first petitioner herein that orders have been passed in the Receive petition on 9-3-1982 and that the said order was communicated to the Official Receiver, Salem. Under the circumstances, the judgment-debtors-petitioners herein sought post-ponement of the sale of the property.

(3.) The executing Court, after going through the affidavit and the counter- affidavit filed by the parties, passed the following order:- "Heard both sides. No notice or order recorded for Official Receiver. Hence this petition is dismissed." It is this order of the executing Court that is assailed in the above revision petition.