DALJEET SINGH Vs. RAVINDER KAUR AND ORS.

JUDGEMENT

(1.) This is an application for placing on record photocopy of judgment and decree dated 31.10.2015.

(2.) Learned counsel for the petitioner -objector submits that under the garb of judgment and decree, the decree holder had not impleaded the effected party who has raised construction of the shop on the land for which the decree has been passed and in execution of the decree his possession is taken, accordingly objection petition had been filed which, has summarily been dismissed as it required to be adjudicated as per procedure prescribed under Order 21 Rule 101 CPC not in a summary manner.

(3.) Notice of this revision had been issued and there is interim order in favour of the petitioner -objector. In my view, the petitioner -objector has wrongly invoked the provisions of Order 21 Rule 58 CPC by filing objections whereas it should have been filed under Order 21 Rule 99. Consequently, the procedure for trying the objections is prescribed was required to be filed under Order 21 Rule 101. As per Order 21 Rule 103 and 104 it has been statutorily provided that the dismissal of the objections would be a decree and against the decree, appeal would lie before the first appellate court which in the eyes of law could have been entertained.