Ramesh Kumar vs Budhram Sharma - 1973 Supreme(Online)(All) 13

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1973 Supreme(Online)(All) 13

ALLAHABAD HIGH COURT
, J
Ramesh Kumar – Appellant
Versus
Budhram Sharma – Respondent

Advocates:
For the Appellants/Petitioners: Sri Rajaram Agarwal
For the Respondents: Sri Ashok Gupta

Table of Content
1. execution sale process initiated despite ownership disputes. (Para 1 , 2)
2. court's conflicting rulings on ownership rights. (Para 3)
3. debate on necessity of parties in execution suits. (Para 4 , 5)
4. need for adhering to procedural mandates in confirming sales. (Para 6 , 8 , 10 , 12)
5. decree outcomes rely on full party participation. (Para 9 , 11)
6. final dismissal of appeal based on existing laws. (Para 13)

1. This second appeal purporting to be under S.47 of the Civil Procedure Code is by Ramesh Kumar who had filed an objection under R.58 of Order XXI . Civil Procedure Code questioning the attachment of a house in execution of a simple money decree in favour of Narendra Deo against Jai Jai Ram.

2. The objection under R.58 of Order XXI was that the objector and not the judgment - debtor was the owner of the house attached. This objection was preferred on 21-9-1968. The executing court, however, did not stay the execution sale which had been already advertised to be held on 23-9-1968. The sale was held on the day fixed, that is on 23-9-1968. and the highest bid was that of Budhram Sharma which was accepted by the court on 25-9-1968. The objection of Ramesh Ku