- (1.) This petition was taken up in the revised list yesterday and was heard at length, but none appeared for the respondents. As the hearing could not be completed, it was directed to be taken up today. Today again none has appeared for the respondents. On the request of the Court, the learned Standing Counsel has assisted it. The Court has also perused the counter-affidavit.
(2.) This petition is directed against an order dated 30-9-1994 by which an application under Order XXI, Rule 2 of CPC has been allowed and the order of the trial Court rejecting it has been set aside.
(3.) The predecessor in interest of the petitioner filed a money suit No. 451 of 1977 against the predecessor in interest of the respondent which was decreed vide judgment and order dated 24-8-1979 for a sum of Rs.17.250/- along with cost. The decreetal amount was to be paid in instalments and in case of default, the petitioner was free to recover the amount through execution. As the amount was not paid, an execution No. 34 of 1980 was lodged for execution of the decree for a sum of Rs.21,351/-.;