HRUSHIKESH PANDA Vs. INDRAMANI SWAIN

JUDGEMENT

(1.) In this appeal against the judgement of a learned single Judge arising out of an execution proceeding, the question for consideration is as to whether the executing court can construe the decree.

(2.) A joint and several decree was passed in favour of respondent 1 by the trial court for Rs. 50,401.77 against the appellant and respondent 2, a limited company of which the appellant was the Managing Director, in Oct., 1974.

(3.) When the decree was put to execution and the decree-holder proceeded against the personal properties of the appellant-Managing Director, he filed an objection u/s. 47 of the Civil P.C. challenging his liability in his personal capacity. The executing court upheld the objection, but on appeal by the decree-holder, a learned single Judge of this Court, rejected the objection of the appellant.