Ramu And Ors. vs Jai Singh
1999 Latest Caselaw 25 Del

JUDGMENT

Mukul Mudgal, J.

1. The case was called out and, none appears for any of the parties. Since the revision petition is of the year 1985, it is being taken up today.

2. This revision petition arises from a decree passed by the Civil Judge, Deoria, UP and transferred to Delhi for execution. The petitioner therein filed objections under Order XXI Rules 26 and 58 read with Section 437, CPC against the attachment order obtained during the execution of the decree. The plea raised by the petitioner was that the decree was unexecutable against the petitioner. The Appellate Court by its order dated 27.3.1984 has held that the transferee Court in execution is not competent to go beyond the decree. I see no reason to interfere with the impugned order in the revision. It has been contended inter alia by the petitioner in the revision petition that the decree obtained by respondent is by fraud. If this be the case petitioner may have a remedy to file an appropriate suit for declaration. This has not been done. The revision petition is accordingly dismissed. Interim orders stand vacated.