RAMA KANT DWIVEDI Vs. LALTA PRASAD

JUDGEMENT

(1.) Heard Sri S. N. Verma, learned senior counsel assisted by Sri Sharad Malviya for the petitioner and Sri Navin Sinha, learned senior counsel assisted by Sri P. K. Sinha for the respondents.

(2.) This writ petition is directed against an order dated 1.9.1987 allowing the objections filed by the contesting respondents and setting aside the order of the trial court dated 13.3.1987 whereby it had rejected the aforesaid objections in execution proceedings.

(3.) Relevant facts are that the respondent No. 3 filed a money Suit No. 43 of 1987 on 9.2.1978 for recovery of the price of some goods. Along with the suit an application for attachment before judgment was also filed and the disputed plot was attached on the same day. On 16.8.1978 the suit was decreed ex parte and the same was put into execution on 15.1.1982 in execution case No. 1 of 1982.