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Madhya Pradesh High Court · body

1977 DIGILAW 634 (MP)

Ram Kishandas v. Ramjidas

1977-12-08

G.L.OZA

body1977
Short Note : 1. In an execution case, the present petitioner filed an objection, objecting to the attachment of property, on the ground that the property attached was not the property of the judgment- debtors in the hands of the petitioner. 2. Looking to the order sheets dated 19.11.1976, 25.11.1976 and 1.12.1976, it appears that although the objector-petitioner had filed a copy of the decree on 19.11.1976, the learned Judge did not refer to it at all while disposing of the objection finally by his orders dated 1.12.1976. These three order-sheets also go to show that no opportunity was afforded to lead evidence in support or against the objection petition filed by the objector petitioner. It appears that the manner in which the learned Judge has disposed of the objection petition is not in accordance with law and thereby the learned Court has committed a material irregularity in exercising its jurisdiction. Case remanded. Revision allowed.