LEHRU Vs. CHATTRBHUJ AND ANR.

JUDGEMENT

(1.) THIS appeal has been preferred by the objector against the judgment dt. 28.9.1996 passed by the Additional District Judge No. 2, Chittorgarh whereby his objections against the judgment and decree dt. 5.6.1991 passed by the said court has been rejected. In this appeal it is noticed that the same has been filed in the nature of civil misc. appeal claiming the same to be under Order 21 Rule 58(4) CPC. The provisions of Order 21 Rule 58(4) CPC reads as under: - -

(2.) THE said rule merely indicates that the adjudication order of objections under Order 21 Rule 58 shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree.

(3.) HOWEVER , even if it has been held that the civil misc. appeal as such is not maintainable and appeal under Sec. 96 CPC against the order passed under Order 21 Rule 58 CPC must be filed as Civil Execution First Appeal as the same only would be maintainable, does not affect the maintainability of the present appeal, as such, on account of limitation and court fees, inasmuch as, the limitation would be the same as provided for Civil Misc. Appeal and the court fees would be as provided in Schedule -II Article 11(h) read with Sec. 47 of the Rajasthan Court Fees and Suits Valuation Act, 1961. However, the office is directed to categories the said appeals as Execution First Appeals in future.