KAMLA DEVI Vs. MEHNGA RAM AND OTHERS

JUDGEMENT

(1.) I have heard counsel for the parties regarding maintainability of the instant revision petition which has been filed under section 115 of the Code of Civil Procedure (in short, CPC) assailing order dated 12.8.1994 passed by the executing court thereby allowing objections preferred by respondents no. 2 to 4 under Order 21 Rule 58 CPC against attachment of land made in the execution petition instituted by the petitioner -decree holder against respondent no. 1 judgment debtor. In view of Order 21 Rule 58 (4) CPC, the impugned order has the same force and is subject to the same conditions as to appeal or otherwise as if it were a decree. Consequently, impugned order having force of decree is, therefore, appealable. The instant revision petition is, therefore, not maintainable.

(2.) ACCORDINGLY , without going into merits of the case, the instant revision petition is dismissed as not maintainable with liberty to the petitioner to file appeal against impugned order.