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1996 Supreme(All) 652

D.K.SETH
KAMTA PRASAD – Appellant
Versus
IIND ADDITIONAL DISTRICT JUDGE MAINPURI – Respondent


Advocates Appeared:
R.K.GOSWAMI, R.K.MISHRA, TEJ PAL

D. K. SETH, J.

( 1 ) PETITIONER as plaintiff filed Suit No. 18 of 1974 against opposite party No. 3 as defendant for the recovery of a sum of Rs. 2200/in the Court of Munsif, Shikohabad. The said suit was decreed on 5/07/1978. Execution Case No. 26 of 1978 was levied for executing the said decree objection under S. 47 of the Civil P. C. hereinafter referred to as the Code, filed by the defendant Judgment-debtor was registered as Misc. No. 121 of 1979. By an order dt. 14/08/1980 passed by the learned Munsif, Shikohabad in Misc Case No. 121 of 1979, the objection under Section 47 of the Code was allowed. The plaintiff-petitioner filed Civil Revision No. 148 of 1980. By judgment and order dt. 31/07/1981, passed by the II Additional District Judge, Mainpuri, the said revision was dismissed and the order dt. 14/08/1980 was confirmed. It is against these orders the present writ petition has been moved.

( 2 ) THE learned counsel for the petitioner contends hat prior to the filing of the objection registered as Misc. Case No. 121 of 1979, the judgment debtor had filed another objection to the execution which stood dismissed on compromise between the parties which is Annexure " 1" to the wri




















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