KANTI MODIH Vs. BHAGWAT PRASAD

JUDGEMENT

(1.) In this application the petitioner has prayed for setting aside the order dated 2-9-1978 passed by the Special Subordinate Judge, Ranchi, in Execution Case No. 29 of 1967.

(2.) The petitioner obtained a money decree against opposite party No. 2. She executed the decree and the same was registered as Execution Case No. 29 of 1967. In that execution case an immovable property was auction-sold and was purchased by the petitioner. Opposite party No. 1, who was not party to the decree, filed an application labelled under O.21, R.58 and S.151 of the Code of Civil Procedure (the Code) in which he stated that he had interest in the property and prayed for dismissing the execution case. While that was pending another application was filed by opposite party No. 1 in which he prayed for allowing some amendments in the application filed earlier by him. The petitioner filed objection to the same. By the impugned order the Court below allowed the prayer of opposite party No. 1 and directed that the application be registered as Miscellaneous case under O.XXI R.90 of the Code. The petitioner has challenged the validity of this order.

(3.) The case was listed before a learned single Judge who by order dated 5-3-1982 directed that the case be placed for hearing before a Division Bench. This civil revision application, therefore, was listed before this Bench.