AMRIT PAL Vs. AJAY PAL

JUDGEMENT

(1.) THE petitioners are the judgment -debtors. They have filed the present revision petition challenging the order dated April 17, 2001 passed by the learned Executing Court, whereby an application filed by the decree -holders seeking amendment of the execution petition has been allowed. Although an objection was raised by the judgment debtors with regard to the amendment being barred by limitation, the learned Executing Court relying upon the provisions of Order 21 Rule 17(2) of the Code of Civil Procedure, has overruled the aforesaid h objection and has held that the amendment sought by the decree holders was to relate back to the filing of the original execution petition.

(2.) THE judgment debtor respondents have challenged the aforesaid order dated April 17, 2001 before this Court.

(3.) IN view of the aforesaid stand taken by the Court, the present revision petition is disposed of. The matter is remitted back to the Executing Court. The learned Executing Court shall consider all the objections raised by the judgment debtors/ petitioners and shall proceed with the execution petition, in accordance with law.