2016 (6) TMI 1241

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....For the Respondent : -- ORDER Challenging the order passed in E.A.No.787 of 2015 in E.P.No.1787 of 2014 in C.S.(O.S.).No.1690 of 2010 on the file of the IX Assistant Judge, City Civil Court, Chennai, the Decree Holder/plaintiff has filed the above Civil Revision Petition. 2. The plaintiff filed the suit in O.S.No.1690 of 2010, originally before the High Court of Delhi, for recovery of money. Su....

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....ebtor filed his proof affidavit and sought to mark the documents in the Section 47 Application. Thereafter, the Decree Holder filed an Application in E.A.No.787 of 2015 to eschew the evidence of P.W.1 recorded in Section 47 Application and to dismiss the Section 47 Application as not maintainable. 5. The learned counsel appearing for the petitioner submitted that since Section 47 Application file....

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....edure all questions arising between the parties to the suit in which the decree was passed shall be determined by the Court executing the decree and not by a separate suit. 6. In these circumstances, I am of the considered view that the Execution Court has rightly rejected the Application in E.A.No.787 of 2015 to eschew the evidence of P.W.1 and to dismiss the Section 47 Application as not mainta....