2016 (6) TMI 1241

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..... o the maintainability of the Application can be decided in the Section 47 Application and that cannot be put against the respondent/Judgment Debtor for letting in oral evidence and marking the documents in Section 47 Application. In order to establish his case, the respondent/Judgment Debtor has got every right to let in oral evidence and mark the documents. The respondent cannot be prevented from .....

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..... in the Section 47 Application. In these circumstances, we do not find any error or irregularity in the order passed by the Execution Court. The Civil Revision Petition is devoid of merits and is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. - C.R.P.(NPD). No. 1499 of 2016 and C.M.P. No. 8225 of 2016 - - - Dated:- 3-6-2016 - M. Duraiswamy, J. For the Peti .....

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..... tion under Section 47 of the Code of Civil Procedure in E.A.No.6319 of 2014. The petitioner/Decree Holder filed their counter stating that the Section 47 Application filed by the respondent is not maintainable. 4. The learned counsel appearing for the petitioner submitted that the petitioner made their submissions before the Execution Court with regard to the maintainability of the Application. .....

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..... lication and that cannot be put against the respondent/Judgment Debtor for letting in oral evidence and marking the documents in Section 47 Application. In order to establish his case, the respondent/Judgment Debtor has got every right to let in oral evidence and mark the documents. The respondent cannot be prevented from letting in oral evidence and marking documents in Section 47 Application. Un .....

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..... oral and documentary evidences in the Section 47 Application. 7. In these circumstances, I do not find any error or irregularity in the order passed by the Execution Court. The Civil Revision Petition is devoid of merits and is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. 8. The Execution Court is directed to decide the issue with regard to the maintainabil .....

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