LAWS(MPH)-1961-7-2

FIRM BAGHMAL KESHRIMAL Vs. FIRM PURSHOTTAM AMRATLAL

Decided On July 24, 1961
FIRM BAGHMAL KESHRIMAL Appellant
V/S
FIRM PURSHOTTAM AMRATLAL Respondents

JUDGEMENT

(1.) THIS appeal arises out of an execution application.

(2.) A decree was passed against the appellants in the Court at Ahmadabad and the same was transferred to the Court at Ujjain for execution. After the certificate for non-satisfaction was sent the decree was slightly modified in appeal. No fresh certificate was sent and the decree-holder sought to execute the decree according to the decree of the appellate Court. The appellant raised an objection to the continuance of the previous application on the ground that the transferee Court has no power to amend the execution petition. He also stated that the execution cannot proceed as it has not been properly signed by the decree-holder. There was another objection raised that the appellate Court had ordered the stay of the execution,

(3.) THE executing Court at Ujjain disallowed all the objections. He filed an appeal before the District Judge who has agreed with the executing Court and the matter is now in miscellaneous appeal before me.