SITA DEVI SHARMA Vs. MUKTA BEN

JUDGEMENT

(1.) Heard.

(2.) Learned counsel for the petitioner submits that a decree was obtained by respondent Mukta Ben against Nandlal Sharma husband of the petitioner. It is submitted that at the same time petitioner herein had filed a suit against respondent who was decree holder. In different suit however same suit property was involved. It is contended that the application which is filed under Order 21 Rule 97 of CPC was only an intimation to the executing court, therefore order passed adjudicating application cannot be treated as decree and as such if decree is executed then it will be against the provision of Order 21 Rule 104 of CPC and suit filed by the petitioner shall become infructuous.

(3.) The petitioner herein has not disputed the fact that decree when was put to execution by the respondent Mukta Ben against husband of the petitioner an objection was preferred under Order 21 Rule 97 of CPC. Subsequently, the same was adjudicated. The Original decree was obtained by Mukta Ben on 27/07/2002, therefore if such decree was put to execution and the objection having been preferred by the petitioner herein under Order 21 Rule 97 CPC any finding therefore would be treated as decree and appeal would lie.