The Court held that an order passed under Order 21 Rule 58 CPC has the force of a decree and is appealable. Consequently, a revision petition under section 115 CPC is not maintainable against such an order.
Revision petition dismissed as not maintainable with liberty to file appeal.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No. 3689 of 1994 Date of decision : September 19, 2013
Kamla Devi
....Petitioner
versus
Mehnga Ram and others
....Respondents
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Manish Dadwal, Advocate for Mr. KS Dadwal, Advocate, for the petitioner
Mr. Rajiv Joshi, Advocate, for respondent nos. 3 and 4
L.N. Mittal, J. (Oral)
I have heard counsel for the parties regarding maintainability of the instant revision petition which has been filed under section 115 of the Code of Civil Procedure (in short, CPC) assailing order dated 12.8.1994 passed by the executing court thereby allowing objections preferred by respondents no. 2 to 4 under Order 21 Rule 58 CPC against attachment of land made in the execution petition instituted by the petitioner-decree holder against respondent no. 1 judgment debtor.
In view of Order 21 Rule 58 (4) CPC, the impugned order has the same force and is subject to the same conditions as to appeal or
Tiwana Dalbir Singh 2013.09.20 10:48 I attest to the accuracy and integrity of this document. High Court, Chandigarh
Civil Revision No. 3689 of 1994
-2-
otherwise as if it were a decree. Consequently, impugned order having force of decree is, therefore, appealable. The instant revision petition is, therefore, not maintainable.
Accordingly, without going into merits of the case, the instant revision petition is dismissed as not maintainable with liberty to the petitioner to file appeal against impugned order.
Tiwana Dalbir Singh 2013.09.20 10:48 I attest to the accuracy and integrity of this document. High Court, Chandigarh
1 issue framed by the court
Whether a revision petition is maintainable under section 115 CPC against an order under Order 21 Rule 58 CPC allowing objections to attachment of land.
2 provisions across 1 enactments
Kamla Devi
Mehnga Ram and others
L.N. Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
