ATAL SINGH Vs. KESHO RAM

JUDGEMENT

(1.) This appeal by judgment-debtor is directed against the appellate order dated 14th Aug., 1973 passed by the Additional District Judge, Muzaffarnagar.

(2.) Briefly stated, the facts giving rise to the present appeal are that Kisho Ram (respondent in this appeal) filed Suit No. 106 of 1967 against Kapoor Singh and others for a permanent injunction restraining them from interfering with his possession over certain agricultural plots. The suit was decreed on 22nd Dec., 1967. The decree-holder presented an execution application under Order XXI, Rule 32 of the Civil P. C. with the allegation that the judgment-debtor had disobeyed the decree for injunction and had misappropriated decree-holder's crops standing on certain plots. The judgment-debtor filed objections to the prayer made in the laid application which were rejected by the executing Court vide its order dated 28th Aug., 1969. The executing Court directed that the properties, detailed at the foot of the execution application, belonging to the judgment-debtor be attached and that the attachment was to remain in force for a period of one year. The court further ordered that the file be put up for further orders after a year. It may be mentioned here that by an amendment made by the Allahabad High Court in Order XXI, Rule 32 (3) the words 'one year' had been substituted by the words 'three months' and it was also provided that this period could be extended by the court for good cause. The order passed by the executing court directing that the attachment of the property was to remain in force for a period of one year had thus been passed in ignorance of the amendment made by the Allahabad High Court in Order XXI, Rule 32 (3) of the Code of Civil Procedure and was not fully in a con-lonance with the said provision.

(3.) The properties belonging to the judgment-debtor were in pursuance of the order dated 28th August, 1969 actually attached on 16th Oct., 1969 and, as stated above, this attachment was to continue to remain in force for one year from the date of attachment.