MHATARBA LAXMAN DONGARE Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) BY this civil revision application, the applicant judgment debtor challenges the judgment and order dated 21st September, 1999 passed by the learned Civil Judge, Senior Division, Sangamner in Misc. Application No.3 of 1994.

(2.) THE facts lie in a narrow compass and are as stated below :

(3.) LEARNED counsel for the respondent, however, refers to and relies upon a decision of Madras High Court in the case of Chidambaram Chettiar Vs. Periyasamy Chettiar (AIR 1978 Mad 370) . Following two earlier judgments of the very Court it was held that when an execution petition is dismissed for statistical purposes, there being no adjudication of rights of parties on merits and there being no disposal of the contentions of the parties, the order of dismissal would not be a final order but must be deemed to be passed for "statistical purposes" and it would be possible to revive the said execution proceedings. With great respect, I am unable to agree. In an execution petition normally there is no question of adjudication of right. The rights are adjudicated between the parties at the trial. It is trite saying that an executing Court cannot go behind the decree. The executing Court only executes the decree and does not determine any right of the parties. The incidental questions which may arise, of course are decided but that is not usual adjudication of rights. I also fail to understand what is meant by dismissal of an execution petition for "statistical purpose". Dismissal of an execution petition for default or for non prosecution is a complete dismissal and not only for the purpose of maintenance of statistics of number of cases disposed of.