JUDGMENT - D.G. KARNIK, J.:---Heard Shri S. Suvarna i/b DSK Legal for the plaintiff, Shri Mr. Prakash Chande i/b H.V. Chande for the defendant and Shri P.V. Shah, Advocate appearing amicus curiae.

2. When this matter came up for hearing before Hon'ble S.A. Bobde, J., on 2-5-2002, he was pleased to request P.V. Shah, Advocate to assist the Court as amicus curiae, Shri Shah ably assisted this Court. I record my deep appreciation of the able assistance rendered by Shri P.V. Shah, Advocate.

3. Facts:

In Summary Suit No. 4600 of 1996 filed by the plaintiff a money decree was passed against the defendant. The plaintiff has filed the present chamber summons for an order of this Court requiring the defendant to file an affidavit as provided under sub-rule (2) of Rule 41 of Order XXI of the Code of Civil Procedure, disclosing the assets held by him. The chamber summons was filed without filing an application under Order XXI, Rule 11, (commonly known as an "execution petition" or a "Darkhast") of the Code of Civil Procedure.

4. Shri Chande, the learned Advocate appearing for the defendant opposes the chamber summons and contends that chamber summons is not maintainable and deserves to be di

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