JALDU ANANTHA RAGHURAMA ARYAALIAS RAMARAO Vs. JALDU NAVALAXMI DEVI
LAWS(APH)-1972-7-22
HIGH COURT OF ANDHRA PRADESH
Decided on July 17,1972

JALDU ANANTHA RAGHURAMA ARYAALIAS RAMARAO Appellant
VERSUS
JALDU NAVALAXMI DEVI Respondents

JUDGEMENT

- (1.) (Judgment of the Court was delivered by Obul Reddi, J.) 1. The short question that arises in this civil miscellaneous appeal is whether the security bond executed in the name of a particular Presiding Officer of the Court by the Judgment debtor can be enforced against him by way of execution proceedings without that bond being assigned by that officer in favour of the decree-holder.
(2.) The facts leading to the filing of this civil miscellaneous appeal are these. The decree-bolder filed an application under Order 21,Rules 64 and 66 CPC for sale of the properties offered as security in the bond dated 21-7-62 executed by the judgment debtor. The judgment debtor resisted the application on the ground that as the bond has not been assigned by the particular presiding Officer,in whose name it was executed, in favour of the decree-holder, the application is not maintainable
(3.) The only remedy available, according to him, is to get the bond assigned and lay a separate suit on the strength of it. The Subordinate Judge held that, while the bond cannot be enforced under section 145 CPC., it could, however, be enforced in execution proceedings under Section 151 CPC and no separate suit need be filed In that view, he allowed the application. It is against that order that the judgment-debtor has preferred this civil miscellaneous appeal.;


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