UCO BANK Vs. SANDHYA DEVI

JUDGEMENT

(1.) THIS order shall dispose of an application preferred by the judgment -debtor No. 2(v) (hereinafter referred to as the applicant) under Order 21 Rule 58(1) & 2 read with section 151 CPC for releasing his following properties (hereinafter referred to as the properties) from attachment: -

(2.) INDISPUTEDLY , the applicant is not the original judgment -debtor and is only the legal -representative of original judgment -debtor No. 2 Rama Nand, who expired during the pendency of the execution and his legal -representatives were ordered to be brought on record vide order dated 3.1.2005 passed in OMP No. 266 of 2004. The applicant has sought removal of the attachment on the grounds that the properties mentioned above are his self acquired property and had not been inherited from his late father Rama Nand, and therefore, in terms of Section 50 of the Code of Civil Procedure, the same could not be attached. How the properties in question are his personal/self acquired properties has been set out in detail in paragraphs -5 and 6 of the application, which reads thus: -

(3.) SECTION 50 of Code of Civil Procedure reads thus: -