MEWA LAL Vs. KEDAR NATH

JUDGEMENT

(1.) CIVIL Suit No. 2 of 1972 was decreed by the trial court by an order dated 25.3.1985. The said decree was put in execution. The petitioner, being a stranger, filed an objection under Order XXI, Rule 58 of the C.P.C. alleging that the property in question cannot be attached or put to auction, inasmuch as, the trial court had earlier rejected an application of the plaintiff for attachment of the property before judgment which was rejected by the trial court. The petitioner's objection was rejected by the executing court against which an appeal was filed which was also dismissed. Consequently, the writ petition.

(2.) IN my opinion, the contention of the petitioner lacks merit. The application of the plaintiff rejecting the application for attachment of the property before the judgment, was an interlocutory order, which was passed during the pendency of the suit and would not operate as res judicata insofar as the execution of the decree is concerned.

(3.) IN view of the aforesaid, this petition lacks merit, and is dismissed summarily.