KRISHNA GOPAL Vs. GOKUL PRASAD AND ANR.

JUDGEMENT

(1.) This appeal has been filed against the order of the Civil Judge, Farrukhabad, by which he allowed the objections under Ss. 47 and 151. Civil P. C. and set aside the sale and directed that the money deposited be returned to the auction purchaser.

(2.) The facts giving rise to the present' appeal in short are that one Ambalal Patel obtained a decree against Rarn Rakshpal and Shanta Prasad in suit No. 36 of 1957. The decree was put in execution and the execution case was numbered as 44 of 1960. In execution of the decree on 27 -8 -1960 a stock of foodgrains was attached by the Amin and given in the security of Gokul Prasad and Markandi on their executing a bond for the return of the property whenever required by the Court and to pay a sum of Rs. 3333 in case of default. Kishan Gopal filed objections in execution and contended that the property attached belonged to him and not to the judgment -debtor and was not liable to attachment. These objections of Krishan Gopal under Order 21, Rule 58 were enquired into by the Executing Court and a final Order under Order 21, Rule 60 was passed by the Court releasing the property in favour of Kishan Gopal, Gokul Prasad and Markandi.

(3.) There have been a number of amendments in the relevant provisions of the Civil P. C. in so far as they apply to the State of U. P. Order 21, Rule 43 provides for attachment of movable properties other than agricultural produce in possession of judgment -debtor. Rule 122 was added by the Allahabad High Court, with the result that agricultural produce also became liable to such attachment.