1984 Supreme(Del) 51

High Court Of Delhi
SANJAY TEXTILES - Appellant
Versus
STATE BANK OF INDIA - Respondent
Civil 1002 of 1983
Decided On : 02/15/1984

Headnote:Code of Civil Procedure - Order 21 Rule 49 — Execution of Decree — Attachment orders issued — Application filed by the petitioner under Order 21 Rule 49 read with Section 151 C.P.C. that goods intended to be attached belongs to Partnership concern M/s. Sanjay Textiles hence cannot be attached and J.D. has no connection with the same. The Distt. Judge vide order dated 27-9-83 dismissed the application on the ground that unless and until the attachment is effected, no such enquiry can be gone into nor such an application lies at this stage. It is only after the attachment of property, that the present objectors can come forward and prove that the property to attached, does not belong to J.D. and is in fact the property of partnership.

       Held:

       After the attachment is effected the petitioner/objector has a right to file objections but not prior to attachment.