TEJPAL SINGH Vs. HARDIT SINGH

JUDGEMENT

(1.) This is an appeal under section 10(1) of the Delhi High Court Act, 1966, read with Rule 103 of Order 21 and section 96 of the Code of Civil Procedure (the Code), as amended in 1976. It is against the order of a learned single Judge passed on the original side in execution proceedings. The decree- holder respondent sought to execute the decree in execution case No. 40 of 1979. The decree was based on a compromise between the decree-holder, Hardit Singh, and the judgment-debtor, Daljeet Singh. It provided for the judgment-debtor handing over possession of the premises to the decree-holder. When the decree-holder sought to obtain possession of the premises by way of executing the decree, he was obstructed by Tej Pal Singh, the present appellant who came into the possession of the premises as a result of an agreement between him and the judgment-debtor after the decree against the judgment- debtor was passed.

(2.) The decree-holder made an application complaining of the obstruction by the objector to which the objector filed a reply raising various pleas and the decree could not be executed against him. Some of the basic objections were dismissed by the learned single Judge by the order under appeal. A preliminary objection to the maintainability of the appeal is taken by the respondent decree-holder. Shri R. S. Narula learned counsel for the respondent, argued that the appeal is barred by Rule 102 of Order 21 of the Code.

(3.) The question before us is whether a transferee pendente lite of the property of the judgment-debtor is excluded from the right of appeal given by rule 103 of Order 21 by Rule 102 of Order 21.