PIARA SINGH Vs. SARMUKH SINGH AND ORS.

JUDGEMENT

(1.) THIS judgment shall dispose of civil revisions No. 1181 and 1209 of 1987. The facts involved in both the revision petitions are similar and the point of law involved in them is the same. Reference to the facts and the parties shall, however, be made from civil. revision No. 1181 of 1987.

(2.) SURMUKH Singh, decree -holder -Respondent No. 1, sought to execute a decree for payment of money passed in his favour and against judgment -debtor -Respondent No, 2 to 5. During the pendency of the execution proceedings, an order was passed by the executing Court detaining Kirpal Singh, Respondent No. 3, in civil prison. This order was challenged by way of civil revision No. 156 of 1986 in this Court. When it came up for motion hearing on 16th January, 1985, J.V. Gupta, J., passed an order to the following effect:

(3.) LATER on another execution application was filed by Respondent No. 1. He sought to enforce the decree against the property of the Petitioner on the basis of the security bond dated 21st January, 1985. The Petitioner filed objections in the executing Court stating that he was bound to produce Respondent No. 3 in Court for proceedings under Order 21 Rule 37, Code of Civil Procedure, but the said security bond did not amount to creating a charge on his property with regard to the decretal amount nor could he be held liable for the same on the failure of the judgment -debtor to make payment of the decretal amount. He further pleaded that the house in dispute which is sought to be attached is his only residential house and the same is. therefore, exempt from, attachment under Section 60(1) (cc) of the Code of Civil Procedure. These objections have been dismissed by the learned executing Court, - -vide the impugned order dated 17th March, 1987. This is how the Petitioner has approached this Court in the present revision petition.