JAYANTILAL NATHALAL Vs. LAXMIBEN JAMNADAS

JUDGEMENT

(1.) The appellant original plaintiff judgment creditor has filed this appeal under Section 100 of the Code of Civil Procedure challenging the judgment and order dated 22.12.1980 passed by the learned District Judge, Jamnagar in Regular Civil Appeal No.5 of 1979 confirming the judgment and decree dated 30.12.1978 of the learned Civil Judge (J.D.), Dhrol Jodiya in Regular Civil Darkhast (Execution Application) No.7 of 1974 for execution of the decree passed in Regular Civil Appeal No.82 of 1969.

(2.) This Court has admitted the present Second Appeal on 05.02.1981 and following substantial questions of law were framed by this Court for determination and consideration of this Court :-

(3.) The brief facts giving rise to the present Second Appeal are that the decree holder-judgment creditor-original plaintiff had filed Regular Civil Darkhast No.7 of 1974 in the Court of the learned Civil Judge (J.D.). Dhrol-Jodiya for executing the decree passed in Regular Civil Suit No.82 of 1969. The said Darkhast was decided by the learned Civil Judge and dismissed the execution petition. Being aggrieved by the said judgment and order of the learned Civil Judge, the appellant preferred Regular Civil Appeal No.5 of 1979 before the learned District Judge. Jamnagar. who also confirmed the judgment and order of the learned Civil Judge.