Dr. Bharat Bhushan Parsoon, J. - (1.) THE petitioner -decree -holder has impugned order of the lower Court dated 18.4.2014 (Annexure P -5) whereby property of the partnership firm has been ordered to be attached first in point of time without passing such order of attachment against individual property of the partners. It is claimed that due to joint and several liability of the partners, their separate property was also to be resorted to for execution of the decree. Reference has been made to Ashutosh v. State of Rajasthan and others, : 2005 (3) C.C.C. 606 (S.C.). Relying on this very authority, the lower Court noticing that since amount of decree under execution is only Rs. 1,00,000/ - and that the same can easily be recovered from property of the partnership firm which measures 22 Kanals 19 Marlas, the said property has first been resorted to and only if the said property is found deficient to fetch the required amount only then the separate property of the partners is ordered to be resorted to for realization of the balance amount of the decree under execution. During the course of arguments, it has not been denied by the counsel for the petitioner/decree -holder that the property in execution is owned by the partnership firm but it is urged that property of the individual partners also is to be resorted to for execution of the decree.
(2.) THERE is no bar in resorting to individual and separate property of the partners as well but when the amount to be recovered by the decree -holder in execution of the decree is only Rs. 1,00,000/ - and property of the JD partnership firm being resorted to for recovery is huge, there is nothing wrong in the order of the lower Court in holding on for resort to individual property of the partners of the firm till report of measures taken for recovery of the decretal amount from property of the partnership firm is available. It is not disputed that decree under execution, inter alia, is against the firm and sufficient property of the firm is available in discharge execution and satisfaction of the decree. Finding no merits, the present petition is dismissed.;