BALBIR SINGH Vs. PARAMJIT SINGH

JUDGEMENT

(1.) THIS Execution Second Appeal has been filed against the order passed by the learned Additional District Judge, Amritsar vide which objections filed by the objector have been accepted.

(2.) LEARNED Executing Court was pleased to dispose of the objections filed against the execution by observing as under :-

(3.) LEARNED lower appellate Court in coming to this conclusion has relied upon the judgment of Union Bank of India's case (supra). However, the said judgment was over-ruled in State Bank of India v. M/s. Indexport registered and others, AIR 1992 SC 1740. In view of this the order passed by the learned lower appellate Court cannot be sustained. This appeal is accepted. The impugned part of the order is set aside. The Decree Holder is at liberty to execute the decree against all or any of the Judgment Debtors. Appeal allowed.