AVTAR SINGH Vs. GURJIT KAUR WIDOW

JUDGEMENT

(1.) THIS appeal is directed against the order dated 27. 2. 1996 passed by the learned Additional District Judge, Faridkot. Vide the said order the learned executing Court dismissed the objections filed by one Shri Avtar Singh under Order 21 Rule 58 of the Code of Civil Procedure.

(2.) THE necessary facts are that an amount of Rs. 1,92,000/- with interest was awarded in favour of Gurjeet Kaur and against Saudagar Singh and another on 20. 8. 1990. Against this order Gurdip Kaur has preferred an appeal for enhancement of the amount awarded. On or about 24. 10. 1991 Gurdip Kaur filed an execution in the Court of competent jurisdiction. During the pendency of these objections an application was filed on 7. 8. 1993 for attachment of immovable property belonging to judgment-debtors comprised in Khewat No. 120, Khatauni No. 334, 338 and 339, situated in village Malakpur.

(3.) UNDER Order 21 Rule 58 of the Code, an executing Court is under obligation to determine the objections raised by the objector that the property was not liable to the attachment order passed by the Court. Further the Court has been empowered to decide all questions relating to right, title or interest in the attached property which may arise between the parties as a result of such objections. An implicit bar is provided under Order 21 Rule 58 of the Code that all such questions would be determined by the executing Court and they would not be subject matter of an independent suit.