RAM BHAROSE LAL Vs. SUKHDEI

JUDGEMENT

(1.) THIS is a plaintiff' revision under Section 115 of the Code of Civil Procedure, against an order of the First Temporary Civil and Sessions Judge, Etah, abating the appeals pending before him under Sec. 5 (2) of the U. P. Consolidation of Holdings Act.

(2.) THE applicant filed a suit against Srimati Devki, original opposite Party No. 5 and on November 19, 1967, obtained a simple money decree against her. In execution of the decree, he got attached certain agricultural plots and the crops standing thereon. The Crops were sold for Rs. 700.00 and the amount was deposited in the executing court. An objection was filed by opposite parties Nos. 1, 2 and 3 under Order XXI, R. 58 of the Code of Civil Procedure, contending that under a sale deed dated September 17, 1965, Srimati Devki had transferred her share in the plots to Opposite Parties Nos. 1, 2 and 3 and that these plots are not liable to attachment and sale in execution of the decree against Srimati Devki. This objection was allowed by the executing court on June 1, 1968. Thereupon the applicant filed a suit in which he prayed for the following reliefs:-

(3.) LEARNED Counsel for the applicant has contended that the suit out of which the appeals arose before the lower courts, was not covered by the provisions of Section 5 (2) of the U. P. Consolidation of Holdings Act and, therefore, the Lower Court had no jurisdiction to abate the appeals. The suit was one filed under the provisions of Order XXI, R. 63 of the Code of Civil Procedure. This rule provides:-