PRADEEP CHAND GIRI Vs. HARISH SETHI

JUDGEMENT

(1.) THE present regular second appeal is filed against the impugned judgments deciding objections in executions. By the concurrent judgments, execution petition was dismissed and the objections of the respondent/objector were allowed. The objections have been decided without framing of issues and leading of evidence.

(2.) ORDER 21 of CPC was amended by Act 104 of 1976 along with other provisions of CPC, and after the amendment, objections which are filed by which the objector claims a title in the suit property independent of the judgment debtor, have to be tried like a suit inasmuch as filing of a suit by an objector who objects to execution of a decree is barred. Objections therefore are in a nature of suit and have to be heard and decided more or less as per the proceedings of a suit.

(3.) ACCORDINGLY with the consent of parties impugned judgments are set aside and objections which are filed by the objector/respondent are remanded for a fresh decision by the executing court. The executing court will frame issues as per the objections and the reply thereto of the respondent/decree holder, and thereafter give necessary opportunities to the parties to lead evidence. Objections thereafter will be decided in accordance with law.