K APPA RAO Vs. GADE SUSEELA

JUDGEMENT

(1.) The petitioner herein was the judgment-debtor. The respondent herein was the decree-holder. The respondent herein had instituted Small Cause No. 13 of 1997 in the Court of the Principal Junior Civil Judge, Mangalagiri, Guntur District for recovery of certain amount. The suit was decreed. Thereafter the decree-holder filed E.P.No.68 of 1998 in S.C.No.13 of 1998 with a prayer to attach immovable property of the petitioner herein. The said petition was ordered. Aggrieved by the said order, the present revision has been filed.

(2.) To-day the matter came up for admission. It is seen that the decree was passed by the Principal Junior Civil Judge, Mangalagiri, who was exercising the powers of Small Cause Court in a small cause suit. Therefore, under Order 50, Rule l(aXii) C.P.C., the Court exercising the powers under the Small Cause Courts Act and the Small Cause Court passing money decree cannot put the immoveable property to sale. Hence, this Court holds that the order passed by the Principal Junior Civil Judge in E.P.No.68 of 1998 attaching the immovable property of the judgment-debtor is held to be bad in law. Hence it is set aside.

(3.) The decree-holder may apply in the same execution proceedings for attaching the movable property of the judgment-debtor.