THAKUR PRASAD Vs. FIRST ADDITIONAL DISTRICT JUDGE GONDA

JUDGEMENT

(1.) S. P. Srivastava, J. Feeling aggrieved by an order allowing a revision under Sec tion 115 of the C. P. C. filed by the judgment debtor against an order passed by the ex ecuting court rejecting his objections filed under Section 47 of the C. P. C. whereunder setting aside the order passed by the execut ing court, the consent decree sought to be executed was declared to be void and not executable, the petitioner-decree-holder has approached this Court seeking redress praying for the quashing of the revisional order.

(2.) I have heard the learned counsel for the parties and have carefully perused the record.

(3.) THE executing court after consider ing the evidence and the materials on the record disbelieved the claim of the tenant-judgment debtor. THE executing court was further of the view that the claim of the judgment debtor tenant in effect was a claim in regard to the adjustment of the decree and taking into consideration the provisions contained in Order XXI, Rules 2-A and 3 of the Code of Civil Procedure, the requisite conditions contemplated wherein had not been satisfied no such ad justment could be taken notice of. On the aforesaid conclusion the objections filed by the tenant judgment debtor were dismissed.