MOHINI DEVI HEERWANI Vs. KUNDANLAL JAIN

JUDGEMENT

(1.) This revision under Section 115 of the Code of Civil Procedure is directed against the order, dated 4-4-2001, passed by the Court of IIIrd Civil Judge Class I, Bhopal, in Execution Case No. 22A/85, whereby the application dated 11-12-2000 purporting to be under Order 21 Rule 2 and Order 21 Rule 97 read with Section 151 of the Code of Civil Procedure was dismissed by the Court below. The learned trial Judge has relied on a decision of Full Bench of this Court reported in the case of Rajeev v. Arun, AIR 1987 Madh Pra 262. In that case it was held that the Executing Court had no jurisdiction to consider the application filed by the applicant for the reason the adjustment was not recorded in terms of Order 21, Rule 2(1) of the Code of Civil Procedure.

(2.) Learned counsel for the applicant in this revision has argued that the matter is covered by Order 21, Rule 2 of the Code of Civil Procedure and therefore his application should have been allowed. It was argued that the Court below has not considered the effect of Order 21 Rule 2(2) of the Code of Civil Procedure read with Rule (2-A) thereof. The Full Bench's decision is liable to be distinguished on the particular facts of that case.

(3.) As against this, the learned counsel for the non-applicant decree-holder argued that the Full Bench case is applicable to the facts on all its fours. The Court below has rightly applied that decision for rejecting the application of the applicant.