KANU CHARAN DEEP Vs. BIMLA DEEP

JUDGEMENT

(1.) A short question has been involved in this revision petition regarding the executability of the decree by a judgment-debtor.

(2.) The opposite party (Bimla Deep) filed Matrimonial Suit No. 9 of 1993 before the 3rd Additional District Judge, Jamshedpur for the reliefs under Section 9 of the Hindu Marriage Act (hereinafter referred to as 'the Act') for restitution of conjugal rights with an alternative prayer for grant of maintenance and also custody of child etc. The husband Kanu Charan Deep appearing in the suit admitted the claim of the petitioner regarding restitution of the conjugal rights and on such admission, the suit was decreed and observations were made in the following manner:

(3.) It appears that after the decree there were no resumption of conjugal rights between the two spouses. Then the husband put the decree in execution for resumption of conjugal rights but that execution case being Execution Case No. 1 of 1994 was dismissed without admission by the impugned order dated 15.12.1994 by the 3rd Additional District Judge, East Singhbhum at Jamshedpur. The learned Court below dismissed the execution petition only on the ground that there is no provision under the Code of Civil Procedure wherein a judgment- debtor can seek execution of the decree. It appears that the learned Court below went on with a fixed notion that if a decree is passed against the party then he only becomes the decree-holder and the party against-whom the decree was passed remains as judgment-debtor.