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1967 Supreme(All) 109

S.N.SINGH
Agrawal Pathshala, Mohalla Mandi Bans Moradabad – Appellant
Versus
Karim Bux – Respondent


Advocates:
K.C. Agrawal, for Applicant; R.B. Misra, for Opposite Party.

ORDER :- This revision is directed against an order rejecting the objection under the proviso to Order 21, Rule 58 C. P. C.

2. It appears that the property in dispute was attached on 6th January 1964 and an objection to this attachment was filed on 31st January 1964 by the petitioner Agrawal Pathashala. After the filing of this objection notice was issued and in pursuance of that notice on 4th April 1964 an objection was filed on behalf of the decree-holder.

Thereafter the case was listed on various dates and the same could not be taken because of other work. For some time the case could not be disposed of because of the death of one of the judgment-debtors and pendency of substitution application. More than two years after when the case was taken up on 13th August 1966 the learned Munsif issued notice to the petitioner to show cause why the objection be not dismissed under the proviso to Order 21, Rule 58 C. P. C. The proviso is as follows :-

"Provided that no such investigation shall be made where the Court considers that the claim or objection was designedly or unnecessarily delayed."

3. The petitioner filed an application in reply to the show cause notice and submitted that the pet











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