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1989 Supreme(P&H) 595

J.V.GUPTA
Roshan Lal – Appellant
Versus
Kishan Lal – Respondent


Judgment

1. This petition is directed against the order of the District Judge, Karnal, dated 13/06/1988, whereby the order of the Chief Judicial Magistrate, Karnal, dated 4/01/1988, ordering the auctioning of the property of the judgment debtor was maintained.

2. The authority under the Payment of Wages Act vide order dated 30/04/1986, adjudged the amount of Rs. 5200.00 payable by Ram Dia in favour of Kishan Lal. Kishan Lal applied to the authority alleging that the said Ram Dia has refused to make-the payment of the amount in question. Consequently, the authority issued the certificate under S. 15(5) of Payment of Wages Act and transmitted the case to the Court of Chief Judicial Magistrate, Karnal, for realization of the amount from Ram Dia as if it were fine imposed by that Court. For realization of the said amount the land in the name of Roshan, minor son of Ram Dia was attached. Roshan Lal filed an application under O. 21, Rr. 58 and 59, CPC praying for releasing of the property attached alleging that the land was owned and possessed by him and not his father Ram Dia. The learned Chief Judicial Magistrate found that Ram Dia was the owner of the property and thus ordered the auct



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