JAYASHREE AVINASH BANAIT Vs. GOVIND DEVIDIN GUPTA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

(2.) These two writ petitions arise out of execution proceedings wherein the petitioner in Writ Petition No.5680 of 2018 (respondent in W.P.No.162 of 2019) is the decree holder and that respondent in Writ Petition No. 5680 of 2018 (petitioner in Writ Petition No.162 of 2019) is the judgment debtor. For the sake of convenience, the parties are being referred to as the decree holder and the judgment debtor.

(3.) In Writ Petition No. 5680 of 2018, the decree holder has challenged order dated 12.03.2018 passed by the Court of 5 th Joint Civil Judge, Junior Division, Nagpur (Executing Court), whereby an application for permission to lead evidence filed by the judgment debtor (Exh.63) has been allowed and it has been held that evidence needs to be led, on an application under Order 21 Rule 29 of the Code of Civil Procedure, 1908 (CPC) filed on behalf of the judgment debtor.