M SHANTILAL Vs. KASTURCHAND PARSHOTTAMDAS

JUDGEMENT

(1.) This Civil Revision Application filed under Sec. 115 of the Code of Civil Procedure, is directed against the judgment and order, dismissing the Appeal From Order No. 24 of 1983 passed by the District Judge of Bharuch. The said Misc. C. A. was preferred by the present petitioner (original plaintiff - decree holder) against the order passed by Civil Judge (S.D.), Valia, in Misc. Civil Application No. 6 of 1981 on 28th February, 1983. By said order, the Executing Court, in substance, set aside and/or cancelled order dated 19th November, 1981, which was passed in execution proceedings directing the judgment-debtor to hand over possession of the property in question to the judgment-creditor.

(2.) In order to appreciate the submission made by Mr. J. S. Adhyaru, learned Counsel appearing for the petitioner, it is necessary to set out few relevant facts hereunder :

(3.) Mr. J. S. Adhyaru, learned Counsel appearing for the petitioner has strenuously urged before this Court that once Notice of Motion was taken out and "Rule" was issued by the trial Court on an application for temporary injunction and attachment before judgment, and once summons of such application was served on judgment-debtor, in substance, the order of injunction as well as attachment before judgment can be said to have been granted and can be said to have been operative against the judgment-debtor. He submitted that as per the dictionary meaning of the word "Rule" it would mean "an order issued by the Court in favour of the applicant and against the opposite party." In this connection, he has invited attention of this Court to the dictionary meaning of the words "rule" as given by Webster (2nd Edition) page 1214-1585 to mean "to issue a formal decree about a question as the Court will rule, on the matter", - 'give judicial or authoritative decision' and the word "nisi" is defind to mean "to vindicate that it shall take permanent effect at a specified time unless cause to show why it should not or unless it is changed by further proceedings".