N CHANDRA CHEMS Vs. VARMA MUKHARJI PVT LTD

JUDGEMENT

(1.) Heard the learned counsel for the appellant. None present for the respondent though served. Perused the records.

(2.) The present appeal arises from order dated 5th August, 1989 passed in chamber Summons No. 1058 of 1998 in Summary Suit No. 889 of 1997. By the impugned order the learned Single Judge has rejected the Chamber Summons whereby the appellant had sought a direction to the respondent in terms of Order 21, Rule 41 (2) of Civil Procedure Code. The application of the appellant in that regard has been dismissed holding that the same was premature as there had been no application under Order 21, Rule 11 (2) of Civil Procedure Code, 1908.

(3.) The learned advocate for the appellant placing reliance in the decision of this Court in United Phosphorous Ltd. vs. A. K. Kanoria, reported in 2002 (4) Mh. L. J. 358 = AIR 2003 Bombay 97 submitted that the provisions of law comprised in the Civil Procedure Code nowhere require that for the purpose of seeking information regarding the properties of the judgment debtor, there has to be an application under Order 21, Rule 41 (2) of Civil Procedure Code on record. On the contrary, such information would be necessary to the decree-holder to file an application under Rule 11 (2) and for seeking attachment of the property of the judgment debtor to recover the amount due and payable under the decree.