LAWS(J&K)-1997-4-11

SHAKTI MOTOR TRANSPORT Vs. BIMAL DAS

Decided On April 07, 1997
Shakti Motor Transport Appellant
V/S
Bimal Das Respondents

JUDGEMENT

(1.) THIS revision has been filed against the order purported to have been passed by/the Execution court in execution proceedings, where under the execution proceedings have been registered and orders for attachment of the judgment debtors property have been passed. This order is being challenged in these proceedings.

(2.) I have persued the records. There is no body to assist this court in these proceedings, despite the fact that the matter was listed in the regular cause list.

(3.) THE objections which have been raised In this revision provision and the execution proceedings under relevant provision and the executing court has to appreciate it and pass appropriate orders. The objection regarding jurisdiction of the court having passed the decree is also to be appreciated by the executing court and not to be projected in these revision proceedings. The judgment debtor should have caused his appearance in the civil suit which was filed against him at the relevant time in the court below and he should have raised all these objections, which under law were available to him.