N.N.Mithal, J. - (1.) This is a revision by the State of Uttar Pradesh against an order dated 6-1-1979 passed by the executing court dismissing its objection.
(2.) The facts relevant for the purposes of this revision are that the Respondent No. 1 had filed Suit No. 82 of 1S69 against Abdul Karim Khan Higher Secondary School, Amroha and its management claiming that the order of termination passed against him on 28-9-1967 was ultra vires illegal null and void, and also claiming arrears of salary etc. He also filed Suit No. 85 of 1972 claiming arrears of salary due for subsequent period upto 31st October, 1970. These two suits were heard together and were decreed on 27-8-1974. The defendants filed appeal but these two were dismissed on 14-4-1975. It appears that the plaintiff Respondent No. made an application before the appellate court seeking amendment in the decree and prayed for grant of additional relief of pendente lite and future salary also. The amendment sought was allowed on 27-8-1975 and the decree stood amended accordingly.
(3.) During the pendency of the appeal, an execution of the decree was levelled by the plaintiff in which the recovery of the disputed amount was claimed by attachment and sale of certain immoveable properties belonging to the judgment-debtors. In 1971, U.P. Act No. 24 of 1971 was enforced from 1st August, 1971 according to which the State of U.P. undertook to pay salaries of teachers of all the High Schools and Intermediate Colleges in the State. On 24-1-1976 therefore, an application was moved by the decree-holder for directing the District Inspector of Schools to pay the amount due under the decree and on 27-2-1976 the court directed the District Inspector of Schools to make the payment and also to file an objection, if necessary. An objection was filed on 23-7-1976 contending that there was no decree against the District Inspector of Schools or the State of U.P. and, therefore, the decree could not be executed against them. This objection was, however, rejected. On 25-3-1976, the decree-holder applied for attachment of some money lying to the credit of the judgment-debtors in the Syndicate Bank Amroha. The District Inspector of Schools again filed on objection on 24-2-1976 purporting to be under Order 21, Rule 58, CPC against attachment of 'he sum of Rs. 19551 lying in the Bank. This objection too was rejected in view of the earlier orders. On 25-4-1977 another objection was filed under Order 11, Rule 58, CPC and this too met the same fate on 4-8-1978. Finally another set of objections was filed by the State on 26-3-1977 and two applications 77-C and 79-C moved by the decree-holder on 30-5-1977 were disposed of by the Executing Court by means of the impugned order, holding that the State of U.P. was liable for payment of money due under the decree under execution.;