SHABBIR HUSSAIN Vs. AHMED HUSSAIN

JUDGEMENT

(1.) Heard finally with the consent of the parties as the parties are duly represented by their counsel.

(2.) This revision is directed against the order dated 6.3.2006 passed by the First Civil Judge, Class-I Bilaspur in Execution case No. 240-A/1996 pending in his Court. A perusal of the order would show that in a proceeding of execution of decree, filed by the respondents before the Executing Court, the applicants filed threefold objection as follows:-

(3.) The submission of learned counsel for the applicants is that the amplitude of Sec. 47 of the Code of Civil Procedure is too wide to include such questions to be decided by the Executing Court while passing an order about execution of the decree. He further submits that in fact, the Executing Court has not entered into the controversy raised by the applicants and has passed a superficial order in a hasty manner, which cannot be said to be a judicial order in accordance with law. He prays for quashing of the said order and also for issuance of appropriate directions.