SHABA YESHWANT NAIK Vs. VINOD KUMAR

JUDGEMENT

(1.) This appeal is filed by the original judgment-debtor and it raises a question about the interpretation and import of S.39 of the Code of Civil Procedure (hereafter called 'the Code'). The question arises under the following set of facts :-

(2.) Shri Shaba Naik (appellant) obtained a money decree in Civil Suit No. 26 of 1969 against Shri Govind Naik (Respondent No. 3) in the Court of Civil Judge Senior Division, Margao. On the application of the decree-holder for execution, certain immovable properties situate at Quepem outside the territorial jurisdiction of the Margao Court were attached on 17-7-1969. The Margao Court by its order dt. 8-7-1969 had also issued an order prohibiting the judgment-debtor from selling the property to any one. On 3-9-1969, that is, after the attachment of the property, it appears that the present respondents 1 and 2 (husband and wife) purchased this property from the judgment-debtor - the respondent No. 3.

(3.) Subsequently on 4-1-1973 the Margao Court, on an application filed by the decree-holder, issued a certificate transferring the execution of this decree to the Civil Court, Quepem. The Quepem Court then issued a show cause notice to the judgment-debtor but he did not appear. However, on 5-10-1973 the purchasers, that is, the respondents 1 and 2 appeared before the Quepem Court and filed an application under O.21 R.58(2) read with R.69 of the Code. The decree-holder in reply contended that the property was already attached before the alleged purchase and hence the property belonged to the judgment-debtor and was liable to be sold in execution.