KHATMOON NISHA Vs. MOHD. IRFAN KHA

JUDGEMENT

(1.) Matter is dictated in open Court. This Miscellaneous Petition is filed by judgment-debtors being aggrieved of the order dtd. 3/12/2024 (Annx.P/4), passed by learned Principal District Judge, District Rewa (M.P.), in First Appeal RCA No.148/2024, affirming the order of the executing Court in Execution Case No.3800150/1989 and in addition holding that provisions contained under Order XXI Rule 97 of Code of Civil Procedure (hereinafter referred to as 'CPC' for short), are applicable only to the decree holder and not to the judgment-debtors.

(2.) Shri Ashish Pathak, learned counsel for petitioners submits that he has serious objection to this interpretation and in support places reliance on decision of a Coordinate Bench in Ranchhod and another Vs. Hukmaji and others [2010(4) M.P.L.J. 426], to submit that expression 'any person' used in Order XXI Rule 97 CPC, will include the judgment-debtor and, therefore, judgment-debtor can also file objections under Order XXI Rule 97 CPC.

(3.) After hearing Shri Ashish Pathak, learned counsel for petitioners and going through the judgment of Coordinate Bench in Ranchhod and another (supra), it is evident that Hon'ble Coordinate Bench had referred to the judgment of Apex Court in Bhanwar Lal Vs. Satyanarain and another (AIR 1995 SC 358) and has held that any person includes the judgmentdebtor also.