CHAITANYA PRAKASH BANSAL Vs. KRISHNA BIYANI

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff-decree holder against the judgment dated 16. 11. 2007 passed by Additional District Judge No. 3, Kota in Civil Objection No. 73/2007 whereby objection filed by the objector under Order 21 Rule 58 of the Code of Civil Procedure (for short the 'code') in Execution No. 2/2007 was allowed.

(2.) THE brief facts giving rise to this appeal are that appellant-decree holder filed a civil suit for recovery of money against the judgment-debtor Sh. Ghanshyam Biyani which was decreed exparte in favour of the plaintiff-decree holder and against the judgment-debtor Sh. Ghanshyam Biyani, father of the objector-respondent and the decree was passed for a sum of Rs. 1,20,876/- with cost of the suit and 9% interest per annum. THE appellant-plaintiff-decree holder filed an execution which was registered as Execution No. 2/2007 in the Court of Additional District Judge No. 3, Kota and certain moveable assets of the judgment-debtor Sh. Ghanshyam Biyani were attached in execution. THEreafter on 18/10/2007 Miss. Krishna Biyani, daughter of the judgment-debtor, filed objection application under Order 21 Rule 58 of the Code stating therein that the attached moveable property in the execution proceedings belongs to her and she has purchased all the attached articles by her tuition earnings, therefore, she prayed to release the said moveable property from the attachment and also prayed for handing over the same to her. THE plaintiff-decree holder filed reply to the objection application and denied the averments made in the objection application. THE learned Executing Court after hearing the parties allowed the application of objector-respondent.

(3.) ACCORDING to the amending provision, all questions including questions of right, title or interest have to be gone into while deciding the claim or objection in a full-fledged manner and not in a summary manner as provided under the unamended provision and a right of appeal is provided against an order passed adjudicating the claim and objections and as an exception remedy of suit has been provided only in case of non-entertainment of the claim or objection.