INDRAJIT CHOUBEY Vs. SITARAM AGARWALLA

JUDGEMENT

(1.) This appeal is by the judgment-debtors and it arises out of a proceeding for execution of a decree.

(2.) The question, which arises for decision in this appeal is whether the claimants, under a partition of the decree-holder's interest can apply to continue the execution proceedings, started by the decree-holder.

(3.) The learned trial Judge allowed the said application upon the view that the said claimants would be entitled to the relief, prayed for by them, under Order 21, Rule 16 of the Code of Civil Procedure, read with Section 146. The judgment-debtors contend that, as, in the instant case, there was no notice given of the alleged assignment by partition, as required by the proviso to Order 21, Rule 16, the said provisions cannot aid the present Respondents.