GOLDEN EARTH GROVES LTD Vs. ION EXHANGE ENVIRO FARMS LTD
LAWS(SC)-2020-2-92
SUPREME COURT OF INDIA
Decided on February 11,2020

Golden Earth Groves Ltd Appellant
VERSUS
Ion Exhange Enviro Farms Ltd Respondents

JUDGEMENT

R.BANUMATHI,J. - (1.)Leave granted.
(2.)Being aggrieved by allowing of the Revision Petition filed by the respondent-decree holder and setting aside the order passed in E.A.No. 946/2006 in E.P.No. 267 of 2005 in O.S. No. 271 of 1999 (on the file of Principal Sub Court, Tirunelveli), the appellant-judgment debtor has preferred this appeal.
(3.)The brief facts of the case are as follows: Respondent filed a suit being O.S. No. 271 of 1999 against the appellant with respect to recovery of money. It was decreed in favour of respondent vide order dated 22.02.2002. Respondent filed Execution Petition No. 158/2004 before the Court which was dismissed for default on 05.10.2004. Respondent filed another Execution Petition No. 267/2005. As no one appeared on behalf of the appellant- judgment debtor, the order was passed ex-parte in Execution Petition No. 267/2005 on 26.09.2005. Summons were returned; due to non-serving of summons, a publication was also made with respect to the auction of the property in the local newspaper. Subsequently, the property was sold in court auction on 03.02.2006 and the respondent-decree holder himself made a bid of the suit property for Rs.6,00,001/-. The sale was confirmed in the favour of respondent.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.