THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.5896 of 2010 ORDER: The respondents filed O.S.No.120 of 2008 in the Court of Senior Civil Judge, Kandukur, against the petitioner for recovery of amount. The basis was a promisory note said to have been executed by the petitioner in favour of Narayana, the husband of the 1st respondent and father of respondents 2 to 4. The suit was decreed and after the decree became final, the respondents filed E.P.No.35 of 2009. The petitioner filed counter in the E.P. raising objection as to the very maintainability. According to him, there did not exist any contract between the petitioner and the respondents and the respondents ought to have enclosed the succession certificate along with the plaint. The trial Court proceeded with the E.P. and ordered attachment, through order, dated 03.02.2010. The same is challenged in this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The respondents never pleaded that the petitioner borrowed any amount from them. Their specific case was that the petitioner borrowed the amount from Narayana, the husband of the 1st respondent and father of respondents 2 to 4 and executed a promisory note. On the death of Narayana, his legal representatives i.e, the respondents filed the suit. In case, the petitioner had any objection as to the legal entitlement of the respondents to file the suit, he ought to have raised objection by filing a written statement. No such effort was made. Things would have been different altogether, in case, the E.P. was filed by a different set of persons from those who filed the suit. That is not so. The objection raised by the petitioner is totally untenable. Therefore, the civil revision petition is dismissed. There shall be no order as to costs. __________ 18.08.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.5896 of 2010 Date: 18.08.2011 JSU