REHAN AHMED (D) Vs. AKHTAR UN NISA (D)

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by the Decree Holder, assails the correctness of the judgment and order dtd. 21/3/2014 passed by the Rajasthan High Court, Jaipur Bench at Jaipur in S.B. Civil Revision Petition No.95/2007, Smt. Akhtar Un Nisa vs. Rehan Ahmed, whereby the revision filed under Sec. 115 of the Code of Civil Procedure, 1908(CPC) challenging the order of the Executing Court dtd. 3/5/2007 rejecting the objections under Sec. 47 CPC, has been allowed. The order impugned therein passed by the Executing Court was set aside and it was held that the decree dtd. 9/5/1979 passed by the Trial Court in Suit No.13/72 was inexecutable and a nullity and accordingly, the objections under Sec. 47 CPC, were allowed.

(3.) The factual matrix giving rise to the present appeal is as follows: