KHOOBCHAND JAIN Vs. KASHI PRASAD

JUDGEMENT

(1.) This revision is filed by the decree-holders against the order dated 19-8-1982, passed by the Addl. Judge to the Court of District Judge, Chhatarpur, in Misc. Civil Appeal No.8 of 1981, arising out of Misc. Judicial Case No.32 of 1980 of the Court of Civil Judge, Class I, Chhatarpur, dated 7-5-1981.

(2.) In Civil Suit No.34-B of 1965, the decree-holders obtained a decree against the judgment-debtors/non-applicants Nos.1 to 3 on 15-12-1966 for a sum of Rs.5,180/- as principal, Rs. 685/- as interest and future interest @rupee 0.25% per month on the principal amount till the date of realisation. The suit against the non-applicant No.4 was dismissed.

(3.) The decree-holders filed an application for execution of the said decree on 30-6-1977. After the judgment-debtors had entered appearance, the Executing Court ordered to issue a warrant of attachment of moveables, on furnishing a list of moveable property and payment of process-fee within three days of the order. The decree-holders complied with the direction on 22-1-1978 and the Executing Court issued a warrant to attach the moveables as per the list. Before the attachment could be effected, non-applicant No.4 Virendra Kumar submitted an objection on 29-1-1979 that the suit against him having been dismissed his property could not be attached. The Executing Court, by its order dated 29-1-1979, upheld the objection and directed the decree-holders to furnish a fresh list of moveables and to issue a warrant of attachment of such moveables thereafter. The order-sheets dated 21-3-1979, 10-5-1979, 30-6-1979 and 21-7-1979 show that the decree-holders failed to submit anylist of moveables for attachment. Therefore, no warrant of attachment could be issued. On the last date, the Executing Court granted further time to the decree-holders to furnish a list of property within 3 days and on such a list being furnished, warrant of attachment was to be issued. The case was adjourned to 21-8-1979 awaiting the execution of the warrant.