Back
1995 Supreme(Kar) 174
Karnataka High Court
V.K.CHOODANATHA SETTY - Appellant
Versus
P.GOPALACHETTY - Respondent
Decided On : 03-28-95
C.R.P. : 1109 of 1995
Chandana Prasad
Order 1, Rule 10, C. P. C. does not apply to execution proceedings and non-parties to the original suit cannot be impleaded as judgment-debtors.
Headnote:
Order 1, Rule 10, C. P. C. - Impleadment in Execution Proceedings - The court rejected the application for impleadment under Order 1, Rule 10, C. P. C. in execution proceedings, stating that it does not apply to execution proceedings and that the applicants, who were not parties to the original suit, cannot come on record as judgment-debtors.
Fact of the Case:
The revision petitioners filed an application under Order 1, Rule 10, C. P. C. to get themselves impleaded as judgment-debtors in the execution petition, but their application was rejected by the trial court.
Finding of the Court:
The court found that Order 1, Rule 10, C. P. C. does not apply to execution proceedings and that the revision petitioners, who were not parties to the original suit, cannot come on record as judgment-debtors.
Issues: The issue was whether the revision petitioners could be impleaded as judgment-debtors in the execution proceedings under Order 1, Rule 10, C. P. C.
Ratio Decidendi: The court held that Order 1, Rule 10, C. P. C. does not apply to execution proceedings and that the revision petitioners, not being parties to the original suit, cannot be impleaded as judgment-debtors.
Final Decision: The revision petition was rejected by the court.
( 1 ) HEARD the learned Counsel for the revision petitioners. The revision petitioners are applicants who filed application under order 1, Rule 10, C. P. C. Their application was rejected by the trial Court by its order dated 20-1-1995.
( 2 ) IN O. S. No. 1881 of 1980 a preliminary decree was passed and final decree proceedings were pending. It was at that stage the applicants filed the application under Order 1, Rule 10, c. P. C. , to get themselves impleaded as judgment-debtors in the execution petition.
( 3 ) IT should be clearly borne in mind that the two revision petitioners were not parties to the suit.
( 4 ) AT the outset it should be mentioned that Order 1, Rule 10, C. P. C. does not apply to execution proceedings. If the revision petitioners-applicants have purchased the property involved in the sale proceedings, other remedies are open to them. But they cannot come on record as judgment-debtors when they are not parties to the original suit. Hence the revision petition is rejected.
--- *** ---
.
