- (1.) THIS is a decree-holder's revision u/s. 115 C. P. C. against the order dated April 9,1981 of the Munsif, Udaipur City (North), by which he directed that an enquiry be held on the objection filed by the judgment-debtors non-petitioners on April 3, 1981, and further ordered that execution proceedings until the parties produce evidence in regard to the objection be stayed.
(2.) THE decree-holder-petitioner instituted a suit against non-petitioners for ejectment. THE suit was decided by the learned Munsif on September 25, 1974. He dismissed the suit. An appeal was preferred by the decree-holder. THE appeal was allowed and the suit for ejectment was decreed on November 17, 1980. The decree-holder levied execution for evicting the judgment-debtors. A warrant for possession under O. XXI, r. 35 C. P. C. was issued. Resistance was offered by the sons of the judgment-debtoi-non-petitioners. The possession could not be obtained. On April 2, 1981, an application was filed in the executing court on behalf of the firm M/s Damodar Lal Bhagwan Das, alleging that the aforesaid firm which was registered in 1975, consists of four partners and they are independent tenants of the shop on the basis of the two rent receipts dated January 16, 1974 and May 4, 1974. It may be stated here that these very receipts were filed by the judgment debtor-non petitioners during the pendency of the first appeal against the dismissal of the suit for ejectment under O. XLI, r. 27 C. P. C. and that application was dismissed by the appellate court on May 5, 1979, and they were not taken on record. It was stated in the application dated April 2, 1981, that as the decree is not against the four partners of the firm M/s Damodar Lal Bhagwan Das, it cannot be executed against them. It was prayed that no further proceedings in the execution may be taken. This application, as appears from the order dated April 3, 1981, was dismissed by the Munsif, Udaipur City (North ). It is thus clear that the application of the firm M/s Damodar Lal Bhagwan Das, was dismissed. On the same day i. e. on April 3, 1981, the judgment-debtors non-petitioners filed objection under Ss. 47, 151 and O. XXI r. 36 C. P. C. alleging amongst others that the judgment-debtor Fateh Lal, (non-petitioner No. 2) had delivered possession of the shop to the decree-holder, on August 31, 1973 and executed a document to that effect. After that the shop in question was rented out by the decree-holder to the registered firm Damodar Lal Bhagwan Das. The decree-holder had passed two receipts dated January 16, 1974 and May 4, 1974, to the firm M/s Damodar Lal Bhagwan Das. As the decree-holder had obtained possession of the shop on August 31, 1973 and had also received the entire rent up to that date, the decree is not capable of execution.
(3.) THE objection was contested on behalf of the decree-holder on various grounds. THE reply to the objection was filed by the decree-holder on April 4. 1981. The learned Munsif, by his order dated April 9, 1981, ordered for the summary enquiry of the objection filed by the judgment-debtors on April 3, 1981, and directed that the execution proceedings shall remain stayed until the parties produce their evidence. Being dis-satisfied, the decree-holder has filed this revision petition. I have heard Mr. N. P. Gupta, learned counsel for the petitioner. No body has appeared on behalf of the non-petitioners despite service of notice on them. ;