SALMA AGA Vs. SEWAK SHARAN GUPTA

JUDGEMENT

(1.) HAKIM Aaga Ali Ahmed, since deceased and now represented by his heirs and legal representatives, had filed the present writ petition feeling aggrieved by the order dated 16 -7 -1990 passed by the First Appellate Court whereunder it had dismissed his appeal challenging the judgment and order passed by the executing Court dated 16 -11 -1981, whereby rejecting his objections filed under Order 21 Rule 90, CPC, the sale of his residential house for satisfying a decree passed in the original Civil Suit No. 120 -A/71 for the recovery of an amount of Rs. 1,598/ - had been upheld. The heirs and legal representatives of the sole petitioner, since deceased, have prayed for the quashing of the aforesaid orders including the impugned proceedings relating to the auction sale held by the executing Court.

(2.) THE original record relating to the execution proceedings had been summoned by this Court. I have heard the learned counsel for the parties and have carefully perused the record.

(3.) THE facts in brief shorn of details and necessary for the disposal of this writ petition lie in a narrow compass : The executing Court on 30 -9 -1974 had passed an order requiring the decree -holder to get the notices of the execution proceedings served on the judgment -debtor on his correct address. On 7 -12 -1974, on the application of the decree -holder, he was allowed to get the service effected through registered post acknowledgment due. The executing Court had fixed 30 -1 -1975 as the next date in the case. The decree -holder pursuant to that order took steps to serve the respondent with the notice per registered post. The address given on that notice was that of Chandigarh. This notice was served on Hakim Aaga Ali at Chandigarh on 18 -1 -1975. The address on the aforesaid notice was as indicated in the execution application.