JALDU ANANTHA RAGHURAMA ARYAALIAS RAMARAO Vs. JALDU NAVALAXMI DEVI
HIGH COURT OF ANDHRA PRADESH
JALDU ANANTHA RAGHURAMA ARYAALIAS RAMARAO
JALDU NAVALAXMI DEVI
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(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
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