GHISALAL Vs. SETH KANHAIYALAL

JUDGEMENT

(1.) THIS is a judgment-debtor's appeal from the order of the Senior Civil Judge No. 1, Jaipur City, Jaipur, dated 24-5-67, in Civil Execution Case No. 32 of 1966, by which the learned Judge rejected the objections of the appellant regarding validity and executability of the decree dated 30th August, 1960

(2.) THE Respondent Seth Kanhaiyalal obtained a compromise decree for Rs. 76,000/- on 30th August, 1960, from the court of Senior Civil Judge, Jaipur City. Rs. 20,000/- were paid by the judgment-debtor to the decree-holder on 26-11-60. On 18-8-61 the decree-holder levied execution for the rest of the decretal amount by sale of the judgment-debtor's immovable property mortgaged with the decree-holder. THE judgment-debtor filed objections on 30-11-61. THEse were dismissed in default on 11-10-62 and the execution proceeded against the judgment debtor. But ultimately for reasons, which we need not state here, the decree holder got the execution application dismissed on 20th January, 1966. THE present execution application, out of which this appeal arises, was filed by the respondent-decree-holder on 1-12-66 and it was prayed that the mortgaged property for the sale of which the decree had been passed may be auctioned for realisation of the decretal amount. On 23-1-67 the decree-holder also made an application under O. 21, r. 66, C. P. C. , for issuing a proclamation of the intended sale. On receipt of the notice of this application the judgment-derbtor filed objections on 18-2-67. THE principal contention raised on behalf of the judgment-debtor was that the decree, sought to be executed, had not been passed in accordance with the provisions of O. 34, C. P. C. , and was consequently not executable. THE learned Senior Civil Judge, however, over-ruled this contention and held that the decree was executable as a final decree for sale of the property. Aggrieved of this decision of the learned Senior Civil Judge, the judgment-debtor has filed this appeal.