ABDUL HAFEEZ Vs. BHAGWAT PRASAD

JUDGEMENT

(1.) - This revision is directed against the order passed by the Execution Court by which the execution court rejected the objections (39-Ga, 40-Ga and 41-Ga) of the judgment debtor.

(2.) THE case of the judgment-debtor in the objections was that three separate properties belonging to the judgment-debtor was sought to be attached and sold in auction THE judgment-debtor stated that the decree-holder in 1982 had given the valuation of the three properties as Rs. 50 thousand. At that time when the tentative valuation was given by decree-holder, no objection was filed by the judgment-debtor. In 1989 when the execution court was proceeding to issue proclamation for sale, an objection was filed by the judgment-debtor that the valuation of the three separate properties sought to be attached and sold in the execution was more than 8 lakhs. It was urged that only one of the properties, if sold, was sufficient to satisfy the entire decree. It was, thus, requested that fresh valution be got assessed and thereafter only the sale proclamation and order for attachment be issued. After hearing the objections of the judgment-debtor, the learned execution court rejected the objebtions on the ground that it was open for the judgment-debtor to raise this plea in 1982 as provided under Order 21 Rule 66 CPC. This was not done. As such, the execution court refused to accept the objections of the judgment-debtor.

(3.) THE revision is dismissed.