RAKAM SINGH Vs. JAGAT SINGH

JUDGEMENT

(1.) Jagat Singh, decree-holder, filed an application for execution of his money decree in the sum of Rs. 1,094.50, against Kali Ram, judgment-debtor. In execution of that decree, three houses belonging to the judgment-debtor were attached. Objections were filed by him under Section 47, Code of Civil Procedure (hereinafter called the Code). Consequently, one of the houses, which was in occupation of the judgment-debtor, was released from attachment. However, the sons of the judgment-debtor, Rakam Singh and Karam Singh, filed an objection petition under Order XXI rule 58 of the Code. That objection petition has been dismissed by the executing Court by the impugned order. Dissatisfied with the same, they have come up in revision to this Court.

(2.) A preliminary objection has been taken on behalf of the decree holder respondent that under Order XXI rule 58(4) of the Code, the impugned order of the executing Court dated September 23, 1980, was an appealable order, and therefore, the revision petition against the same was not competent. As such, the present revision petition merits dismissal on that ground alone. I find force in this contention. Sub-rule (4) of rule 58 of Order XXI of the Code, reads :-

(3.) Consequently, this revision petition is dismissed as being not maintainable, with costs. Revision dismissed.