DARSHAN SINGH Vs. BANK OF BARODA

JUDGEMENT

(1.) LEARNED counsel for the respondent submits that the decree under execution was passed on 13.9.1994. The property in question was sold in execution of the decree on 5.11.2000.

(2.) THE appellant had filed objections under Order 21 Rule 58 of Code of Civil Procedure (in short 'CPC') on 12.1.2001, after the sale of the property in question.

(3.) LEARNED counsel for the appellant has not disputed that the property in question has been sold prior to the filing of the objections under Order 21 Rule 58 CPC. If that being so, the question is "as to whether the objections under Order 21 Rule 58 of CPC itself are maintainable as alleged by the counsel for the respondent" ? In order to appreciate the contention of the learned counsel for the respondent, it is necessary to refer to provisions of Order 21 Rule 58 of CPC which is reproduced as under :