HARISINGH S/O SHRI BHURJIRAM Vs. VISHNU NARAYAN SHARMA S/O SHRI MOTILAL SHARMA (DECEASED)
LAWS(RAJ)-2017-10-105
HIGH COURT OF RAJASTHAN
Decided on October 27,2017

Harisingh S/O Shri Bhurjiram Appellant
VERSUS
Vishnu Narayan Sharma S/O Shri Motilal Sharma (Deceased) Respondents

JUDGEMENT

ALOK SHARMA,J. - (1.) Heard the counsel for the petitioner and perused the impugned order dated 06.07.2017 passed by the Executing Court whereby the application filed by the petitioner-judgment debtor (hereinafter 'judgment debtor') against the execution of the judgment and decree dated 30.01.2006 passed by the Additional Civil Judge (Senior Division) No.3, Alwar as affirmed by the Appellate Court in Appeal No.100/2006 decided on 03.10.2007 has been rejected.
(2.) The contention of the counsel for the judgment debtor is that as the judgment debtor under the aforesaid judgment and decree dated 30.01.2006 passed by the Civil Court is belongs to the Scheduled Castes, execution of the decree as per Section 2(c) of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (hereinafter 'the Act of 1957') can only be under Section 8 of the Act of 1957 and not by resort to Order 21 CPC before the Executing Court. Reference has also made to Section 21 of the Act of 1957 in support of the contention.
(3.) I have heard counsel for the petitioner and perused the impugned order.;


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