KULTAR SINGH Vs. NIMBO

JUDGEMENT

(1.) This revision petition is directed against the order of the executing Court dated June 10, 1987 whereby the application filed on behalf of the petitioners for substituting them as the decree-holders was dismissed.

(2.) Kultar Singh and others, petitioners, filed the application for substituting them in place of Hari Singh and others as the decree-holders. According to them, they had become the owners of the suit land by way of the civil Court decree dated March 5, 1987, passed by the Subordinate Judge, Second Class, Kaithal, in Civil Suit No. 181 of 1987 Inder Singh etc. v. Kultar Singh etc. The said application was contested on behalf of the judgment-debtors, Smt. Nimbo and others. According to them, the petitioner had no right, title or interest in the disputed land nor there could be any exchange of the land as alleged by them. The learned executing Court took the view that there was no assignment of the decree as required under Order 21 rule 16, Code of Civil Procedure (hereinafter called the Code), as the case of the petitioners was that they had become the owners of the suit land by way of exchange. On this basis, according to the learned executing Court, the petitioners could not be substituted as the decree. holders.

(3.) The learned counsel for the petitioners cited Zila Singh v. Hazari, 1979 AIR(SC) 1066wherein it was held that even if the case does not fall within the purview of Order 21 rule 16 of the Code, the provisions of section 146 of the Code could be invoked in that regard. On the other hand the learned counsel for the judgment debtors submitted that the decree under which the petitioners claimed to have become the owners of the suit land did not amount to a transfer because the decree dated March 5, 1987, was passed in favour of the plaintiffs Inder Singh and others and not in favour of Kultar Singh and others.