Bharati Sapru, J. - (1.) I have heard learned Counsels for both sides at length.
(2.) PLEADINGS have been exchanged and this matter is being disposed of at the stage of admission itself. The present writ petition has been filed by the Petitioner being aggrieved by an order dated 12.12.2008 (Annexure -5) passed by the court below by which an objection (Paper No. 37 Ga -2) filed by the Petitioner was rejected by the Civil Judge (Junior Division), Banda in Execution Case No. 15 of 1985. The Petitioner thereafter filed revision No. 105 of 2008 which has also been dismissed by the court below by its order dated 28.2.2009.
(3.) IT is the contention of the Petitioner that their application under Order 21 Rule 97 Code of Civil Procedure should have been decided first before an Executing Court as they are persons other than the judgment debtor within the meaning of Rule 99 Order 21 Code of Civil Procedure;