1. The present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the petitioner herein - original plaintiff - judgement creditor challenging the impugned judgement and order dated 11/10/2011 passed by learned Executing Court below Exh.1 in Regular Execution Application No.49 of 2008.
2. Considering the fact that Execution Application submitted by the petitioner herein - original plaintiff - judgement creditor on the objection raised by respondent No.3 herein - original Opponent No.3 and when the learned Executing Court has passed an order to frame the Point for determination and directing the parties to lead evidence if they choose, it cannot be said that the learned Executing Court has committed any error and/or illegality in passing the impugned judgement and order. Considering the provision of Order 21 of the Code of Civil Procedure, learned Executing Court is bound to consider the objections raised by judgement debtor in accordance with law and on merits and judgement and decree, which is sought to be executed. It is reported that against the objections submitted by respondent No.3 herein - objector, the applicant herein - original plaintiff - judgement creditor has already submitted his reply, the aforesaid is required to be considered by learned Executing Court in accordance with law and on merits and considering Order 21 of the Code of Civil Procedure. Under the circumstances, no case is made out to interfere with the impugned judgement and order passed by learned Executing Court, in exercise of revisional jurisdiction u/s.115 of the Code of Civil Procedure.
3. Under the circumstances, the present Civil Revision Application deserves to be dismissed and is accordingly dismissed.
In the facts and circumstances of the case and considering the fact that the Suit is of the year 1991, learned Executing Court is hereby directed to finally decide and dispose of the Regular Execution Application No.49 of 2008 in accordance with law and on merits, without in any way being influenced by any of the observations made in the impugned judgement and order, at the earliest but not later than 6 months from the date of receipt of copy of the present order. Notice is discharged.
[M.R.SHAH,J] *dipti Top