SUKHA Vs. KALYAN

JUDGEMENT

(1.) BY the impugned order dated 03.04.2008, the application filed by the appellants � objectors under Order 21 Rule 58 CPC was dismissed by learned Additional District Judge No.1, Bhilwara.

(2.) LEARNED counsel for the objector � appellant, Mr. Sandeep Saruparia submitted that the appellants-objectors have their respective shares in the suit property, therefore, same cannot be put to auction to satisfy the money decree. Although, the learned court below affirmatively has held that appellants-objectors are the co-owners of the attached property, however, the court below has seriously erred while observing that since judgment debtor has his share in the attached property, therefore, the same can be attached. The objections have wrongly been decided by the court below and since the proceedings under Order 21 Rule 58 CPC are akin to a fresh suit, the wrong determination of the share of the objector deserves to be corrected in the present appeal.