RAJESH Vs. SHALOM CHARITABLE MINISTRY OF INDIA

JUDGEMENT

(1.) THE defendant in a suit for realisation of money is the petitioner. THE suit was decreed and the decree was put into execution. THE property of the Judgment Debtor was brought to sale in execution. THE decree holder itself bid it in auction.

(2.) THE Judgment debtor had filed an objection to the execution petition . He sought the benefit of Section 60 (1) (C) of the Code of Civil Procedure, contending that he is an agriculturist . But no evidence was adduced to substantiate that contention . THE sale took place and the sale was also confirmed.

(3.) THE order directing delivery of the property to the decree holder/auction purchaser does not suffer from any infirmity of law. THEre is no error of jurisdiction and the original petition fails and is dismissed