NANDIPATI TATI REDDI Vs. SYED MEERA HUSSAINI

JUDGEMENT

(1.) This revision petition by the decree-holder is directed against the order of the District Munsif, Gudivada whereby he overruled the two objections raised by the decree-holder with regard to the maintainability of a claim petition and the nature of enquiry to be conducted into the said claim.

(2.) The revision petitioner obtained a decree in O.S. No. 110/1969 against the 2nd respondent and in execution of the decree, the immovable properties of the judgment-debtor were attached in the month of Feb. 1976, 18/07/1977 was the date notified for sale of the properties. The 1st respondent herein filed claim petition on the said date objecting to the attachment. He also filed a petition for postponement of the sale, but it was dismissed by the learned District Munsif and the sale was conducted as scheduled. Notice of the claim petition was ordered to the decree-holder and the judgment-debtor. The 3rd respondent is the auction-purchaser.

(3.) The decree-holder opposed the claim petition. When the claim petition came up for enquiry and the claimant sought to lead oral evidence, two objections were raised that as per the provisions of O. 21, R. 58 of the C.P.C. as they stood prior to the amendment, the enquiry need be a summary one and that an elaborate enquiry is not permissible. The other ground was, that in view of the sale. the claim petition under O. 21, R. 58 C.P.C can no more be investigated. He sought a decision on these two objections, As regards the maintainability, he held that as the claim petitioner was died subsequent to the enforcement of the amendment to the C.P.C, the provisions of O. 21, R. 58 C.P.C, as amended would apply and that all questions have to be determined by the Court in the claim itself and not by a separate suit and therefore the enquiry need not be a summary one. On the second contention, he held that though a claim petition was filed before the sale actually took place and though postponement of the sale was refused, yet the claim petition can be investigated into after the sale. This he held in the absence of any direct ruling of this Court.