PARAMJIT SINGH Vs. S. RAMAKRISHNAN AND ANOTHER

JUDGEMENT

(1.) HEARD the arguments on both sides.

(2.) THE Petitioner who was third party applicant in Execution Case No. 1143 of 1999 has preferred this revision challenging the Executing Court's order dated 12.10.1999 made therein rejecting his application under Order 21, Rule 58 Code of Civil Procedure. The challenge to the impugned order is based on the ground that the trial Court has failed to exercise its jurisdiction vested in it under Order 21, Rule 58 Code of Civil Procedure to hold an enquiry on the said application in compliance with that provision, before passing the impugned order.

(3.) PER contra, learned Counsel for Respondent -decree holder maintained that no revision does lie from the impugned order in that by Sub -rule (4) of Order 21, Rule 58 any order made on an application filed under Sub -rule (1) of Order 21, Rule 58 by Executing Court is an appealable order.