DULICHAND Vs. BHANDARI DAS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Brief but interesting facts of the case are that one shri Bhandari Das-respondent No. 1 filed a suit for recovery of a petty amount and the trial Court passed the decree for total amount of Rs. 2658.50 of 30th May, 1974. The respondent No. 1 is yet to get this petty amount of Rs. 2658.50 and interest from the judgment debtor even after about 30 years.

(3.) In execution of the said decree, the property in dispute was attached and the property was put to auction from 20th July to 22nd July, 1982. The appellant objector submitted an objection petition before the Executing Court under order 21, Rule 58, CPC on 21st July, 1982. The objection petition was allowed by the Executing Court by the judgment dated 29th Sept., 1993 after about more than 11 years. During this proceeding before the Executing Court, an objection was raised about the admissibility of a partition deed, which was relied upon by the objector. The trial Court refused to admit the partition deed as it was neither registered nor it was on proper stamps. The appellant-objector preferred a revision petition (No. 270/1985) against the said order, which was decided promptly by the High Court by order dated 18th Sept. 1985 holding that the disputed document cannot be admitted in evidence for main purpose but it could be used for collateral purpose under Section 49 of the Registration Act merely for showing the nature and character of possession of the parties.