AMRUTHRAO Vs. VISWANATH

JUDGEMENT

(1.) Scope and ambit of Rule 59 of Order 21 of the Code of Civil Procedure, 1908 ("the Code"), arise for determination in this Revision Petition.

(2.) The petitioners here are minor sons of respondent-2 here. Respondent-1 here obtained a decree against respon-dent-2 here on 26-5-1982 in O.S. No. 7/82, on the file of the Court of Civil Judge at Bidar, for recovery of certain money. In executing that money decree in Execution Petition Case No. 50/82, on the file of the Court of Munsiff at Basava Kalyan, he got attached the land comprised in Survey No. 56 situated at Talbhog Village claiming that it belonged to respondent-2 here. The petitioners here, who raised an objection to the said attachment of the land under Rule 58 of Order 21 of the Code, sought for release of the same. That objection, which was registered in Miscellaneous Case No. 25/82, in the said Munsiff's Court, was adjudicated upon by it, but disallowed by its order dated 18-11-1983. Admittedly, that order, though could have been appealed against by the petitioners as a decree, was not so appealed against. However, the petitioners here filed an application under Rule 59 of Order 21 of the Code in the same Court, seeking stay of sale of the aforesaid land, which had been attached. That application having been treated as Execution Case No. 50/82, the same has been dismissed as not maintai-nable.

(3.) Rule 59 of Order 21 of the Code reads :