ALKA DEVIW/O BHUPENDRA SINGH Vs. SHANKAR DUTT PATHAK S/O DURGA DUTT PATHAK AND ORS
HIGH COURT OF UTTARAKHAND
Alka Deviw/O Bhupendra Singh
Shankar Dutt Pathak S/O Durga Dutt Pathak And Ors
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(1.) This revision filed under Section 115 of the Code of Civil Procedure, 1908, is directed against order dated 21.12.2010, passed by Ist Additional Civil Judge (Sr. Div.), Rudrapur District Udham Singh Nagar, in Misc. Case No.20 of 2006, whereby the said court has rejected the objections filed by the revisionist under OrderXXI Rule 58 of the Code.
(2.) Heard learned counsel for the revisionist and learned counselforthe respondent No.1.
(3.) Brief facts of the case are that the respondent No.1 Shankar Dutt Pathak instituted a Suit No.89 of 1994, against respondent No.2 Jeewan Chandra Pandey and respondent No.3 Ishat Dev Housing Finance and Leasing Ltd. for recovery of money. The said suit was decreed vide judgment and decree dated 20.08.2001. The plaintiff (Decree Holder), thereafter, filed an Execution application, which was registered as Execution Case No.14 of 2002, for execution of the decree. In said execution case, notices were issued to the judgment debtors (respondent Nos. 2 & 3), whereafter, the property owned by respondent No.2 (judgment debtor) was attached. Thereafter, notices were issued under Order XXI Rule 35, and also publication was made in the newspaper, relating to attachment. In response to the said notices, revisionist Smt. Alka Devi filed objections under Order XXI Rule 58 of the Code of Civil Procedure, 1908, which was registered as Misc. Case No.20 of 2006. After inviting reply of the decree holder against the said objections, the Executing court framed as many as eight issues and recorded oral evidence of the parties, and also accepted the documentary evidence. After hearing the parties, the Executing court came to the conclusion that the objections filed by Smt. Alka Devi (third party/ present revisionist) are liable to be dismissed, and accordingly, the same was dismissed vide impugned order dated 21.12.2010. Hence, this revision.;
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