TCI FINANCE LIMITED Vs. DHARNENDRA INDUSTRIES LIMITED

JUDGEMENT

(1.) A short question involved in this petition is whether without adjudicating upon the issue under Order 21, Rules 54 and 58 of Code of Civil Procedure (for short "CPC"), was it open for the Executing Court to have rejected the Execution petition ?

(2.) LEARNED trial Judge, while rejecting the execution petition opined that in absence of narration of specific property against whom decree can be executed in the decree itself, execution petition was not maintainable. It was also opined that the property in question was HUF property and since the petitioner was unable to indicate that it was owned by the respondent, that property was not liable to attachment.

(3.) VEHEMENTLY opposing the petition, learned counsel for the respondent would submit that the trial Court was within its right to exercise judicial discretion and this Court under Article 227 of Constitution of India has a very narrow jurisdiction and no interference was called for. It was argued that under section 60 term "liable to attachment" was directory and the trial Court deemed it appropriate not to attach the HUF property, and thus, impugned order is just legal and proper .