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2002 Supreme(Del) 158

J.D.KAPOOR
INTERNATIONAL SECURITY AND INTELLIGENCE AGENCY LIMITED – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


J. D. Kapoor

( 1 ) THESE are the objections filed through EA 472/2001 against the instant execution petition filed pursuant to the award dated 17. 1. 2001,

( 2 ) AT the very outset, maintainability of the instant petition has been challenged on the ground that it does not carry verification as per requirement of law which according to Dr. K. S. Sidhu, learned senior counsel for Judgment Debtor is mandatory in terms of Order 21 Rule 11 (2) Code of Civil Procedure. It reads like this:-

" (2 ). Save as otherwise provided by sub-rule (1), every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to the acquainted with. the facts of the case and shall contain in a tabular form the following particulars, namely:- (a) the number of the suit; (b) the name of the parties; (c) the date of the decree; (d) whether any appeal has been preferred TO from the decree. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx"

( 3 ) DR. Sidhu has also relied upon provisions of order VI Rule 15 pertaining to the verification of pleadings on the premise that the execution petition comes within the definition













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