JOGINDER SINGH Vs. LABH SINGH

JUDGEMENT

(1.) Joginder Singh, the present appellant, filed a suit for the recovery of money which was decreed against Kahla Singh. An application for execution of the decree was filed and in that one-fourth share of the judgment-debtor Kahla Singh was attached on July 2, 1959. Labh Singh made objections under Order XXI Rule 58 of the Code of Civil Procedure. It was alleged in the objection petition that the land under attachment was his land as it was purchased by him vide sale deed dated May 5, 1959, and so it could not be attached and consequently the attachment was invalid. This objection petition was dismissed on June 17, 1960, as the objector or any counsel on his behalf did not appear in the Court. Labh Singh along with his co-owners (brother-in-law) sold the whole property including the attached land on December 7, 1959, to one Ajaib Singh. A suit was filed by Labh Singh and Ajaib Singh on December 11, 1961, under Order XXI Rule 63 of the Code of Civil Procedure wherein it was contended that they were the owners of the land in dispute and as such the same was not liable for attachment. Kahla Singh judgment-debtor (defendant) did not appear inspite of service and was proceeded ex parte. Joginder Singh, the present appellant, resisted the claim of the plaintiffs and controverted the allegations made in the plaint. It was alleged in the written statement that the plaintiffs were not the owners of the land as it was a sham transaction made by the judgment-debtor in favour of his son-in-law to defeat to creditors. The parties contested on the following issues :-

(2.) Issue Nos. 1 and 2 were decided by the trial Court in favour of the plaintiffs and it was held that the suit is not barred by time and that the land in dispute was the property of the plaintiffs. Consequently, the suit was decreed.

(3.) On appeal, the findings of the trial Court were affirmed and the appeal was dismissed. It is in this situation that Joginder Singh decree-holder has filed the second appeal.