DEEPAK JAIN Vs. CENTURY TEXTILES INDUSTRIES COMPANY

JUDGEMENT

(1.) THE revision under Section 115 of CPC is directed against the order dated 8-5-2004 passed by Second ADJ, Jabalpur in Execution Case No. 2/2004.

(2.) NON-APPLICANT Century Textiles Industries Ltd. in C. S. No. 76/93 obtained a money decree against non-applicant M/s. Surya Trading Company Proprietor D. K. Jain, 744, Sarafa Bazar, Kamaniya Gate, Jabalpur (Document No. 5 ). The Court of Joint Civil Judge Sr. Division, Chandrapur (Maharashtra) thereafter transferred the decree to Jabalpur for its execution. In Execution Case No. 2/2004, notice to M/s. Surya Trading Company Proprietor D. K. Jain, 744, Sarafa Bazar, Kamaniya Gate, Jabalpur returned unserved. An attempt was made to serve the notice upon applicant Deepak Jain s/o Sumer Chandra Jain, 745, Sarafa, Jabalpur. Since non-applicant, Century Textiles Industries Ltd. was endeavouring to execute the decree against the applicant, an objection was preferred. The District Judge vide order dated 14-8-2001 (Document No. 7) held that it can not go behind the decree as such the decree against M/s. Surya Trading Company Proprietor D. K. Jain can not be executed against applicant Deepak Jain s/o Sumer Chandra Jain. Being aggrieved, by the order aforesaid non-applicant preferred C. R. No. 379/2002. Vide order dated 21-8-2002 (Document No. 8) the revision was disposed of with the direction that in case non-applicant Surya Trading Company files an appropriate application disclos- ing and satisfying the identity of proprietor, an enquiry thereon shall be held by the Executing Court and the same shall be decided in accordance with law. Therefore, an enquiry was held by the Executing Court and the evidence was led on the issue framed as under:whether the objector Deepak Jain s/o late Sumcr Chandra Jain, Advocate, Sarafa Bazar, Kamaniya Gate, Jabalpur is the owner of M/s. Surya Trading Company ?

(3.) THE Executing Court declined to accept the evidence adduced by the applicant, instead held that applicant Deepak Jain s/o late Sumcr Chandra Jain, Advocate, 743, Sarafa, Jabalpur was the owner of M/s. Surya Trading Company a proprietorship concerned. As such vide impugned order dated 8-5-2004 directed execution of the decree against the applicant. Being aggrieved, applicant has preferred this revision under Section 115 of CPC.