( 1 ) BY filing this Civil Revision Application under Section 115 of Civil Procedure code, the applicant has challenged the order passed by Executing Court in Special darkhast No. 17/1990. By the impugned order, the Executing Court has dismissed the execution application filed by the applicant " original decree holder.

( 2 ) THE applicant herein instituted a suit being Special Civil Suit No. 48/1979 against deboo Brothers, a partnership firm as well as against its partners. In the said suit, a money decree was passed by the trial Court and said Deboo Brothers was directed to pay Rs. 43,352/- with 12% interest to the applicants " decree holder of the aforesaid suit. On the basis of said decree, the applicants herein filed an Execution Application being Special Darkhast No. 17/1990 against the judgement-debtor, i. e. , Deboo brothers and its partners. Aforesaid Execution Application was replied by judgement debtor by his reply at Exh. 28 contending inter alia that Execution Application is not maintainable and that there is no amount due from the judgement debtor. Learned judge of the executing Court, thereafter permitted the parties to lead evidence in this behalf and came to the con

Click Here to Read the rest of this document