JUDGMENT

The claim petition filed under Order 21 Rule 58 of the Code of Civil Procedure was dismissed by the execution court. The order was reversed in appeal. The decree holder – plaintiff is in Second Appeal.

2. The plaintiff obtained a decree for realisation of money against a partnership firm and its partners. In execution of the decree, an item of property which allegedly belongs to the firm was sought to be proceeded against. The property was attached. The first respondent herein filed a claim petition contending that he had purchased the property from one Faris, who is a stranger to the suit and that the property is not liable to be proceeded against.

3. The trial court found that the claim petitioner has failed to produce any document to substantiate the claim of title and accordingly dismissed the claim petition. The court also noticed that the alleged transfer is one effected pendente lite. In the first appeal preferred by the claim petitioner, he produced the certified copy of the Sale Deed dated 22.03.2016 as additional evidence. The same was accepted by the Court and marked as Ext A2. The Court further held that Ext A2 is executed by one Faris who is not a party to the