JALADU AMANTHE RAGHURAMA ARYA Vs. JALADU NAVALAXMI DEVI

JUDGEMENT

(1.) The short question that arises in this Civil Miscellaneous Appeal is whether the security bond executed in the name of a particular presiding officer of the Court by the judgment-debtor can be enforced against him by way of execution proceedings without that bond being assigned by that officer in favour of the decree-holder.

(2.) The facts leading to filing of the Civil Miscellaneous Appeal are these; the decree-holder filed an application under Order 21, Rules 64 and 66 Civil P. C. for sale of the properties offered as security in the bond dated 21-7-1962 executed by the judgment-debtor. The judgment-debtor resisted the application on the ground that as the bond has not been assigned by the particular presiding officer, in whose name it was executed in favour of the decree-holder, the application is not maintainable. The only remedy available, according to him, is to get the bond assigned and lay a separate suit on the strength of it.

(3.) The Subordinate Judge held, that while the bond cannot be enforced under Section 145, Civil P. C., it could, however, be enforced in execution proceedings under Section 151, Civil P. C. And no separate suit need be filed. In that view, he allowed the application. It is against that order that the judgment debtor has preferred this Civil Miscellaneous Appeal.