ISHWAR SINGH Vs. SINGH RAM

JUDGEMENT

(1.) THIS revision petition has been directed against the order dated March 29, 1997 as the objection petition filed by the objector-respondent was accepted.

(2.) ISHWAR Singh-petitioner, had filed a suit for recovery of Rs. 20,470.95 against Singh Ram-defendant (hereinafter referred to as the judgment-debtor), and a decree to that effect was passed in his favour on December 16, 1989. During the pendency of the suit, an application under Order 38 Rule 5 CPC was filed by the petitioner and the property of the judgment-debtor was attached on July 18, 1989. Since the judgment-debtor failed to pay the decretal amount, therefore, petitioner has to file the suit for the recovery and realisation of the decetal amount. As the property was already attached, therefore, steps were taken for the auction of the entire property.

(3.) THE objection petition was resisted by the decree-holder. Thus, the following issue, besides the issue of relief, was framed by the trial Court :