( 1 ) THIS revision petition under Section 115 of C. P. C. arises from the order of the learned Additional Civil Judge, (Jr. Dn.) Doddaballapur in Ex. No. 29/98 allowing the execution petition.

( 2 ) ). The suit for specific performance of contract namely suit No. 12/92 was decreed by the trial Court judgment and decree dated 26-11-1997. The decree-holder filed an application for execution of decree on 27-2-1998. The judgment-debtor took objection that the decree-holder had not deposited the sum of Rs. 25,000/- within the period and the application moved by the decree-holder for permission to deposit be rejected. It was alleged that the decree-holder had sworn a false affidavit that the judgment-debtor had failed to receive the said amount and sought permission to deposit the said amount and that amount having been deposited three months beyond the period. So, decree-holder had not complied with the Court's direction as such the application be rejected. The Execution Court considered the affidavit filed by the decree-holder and in the absence of any counter affidavit being filed by the judgment-debtor challenging the averments made in the affidavit, accepted the av